QUESTION

Can I sue a moving company and win, even though we don't have a written agreement or contract?

Asked on Oct 01st, 2012 on Business Law - New Jersey
More details to this question:
We hired a moving company to move our goods from NY to KS. The price they quoted at a little over $1000, but when they loaded it on the truck it jumped to $3000. Next they promised to deliver in 7-10 business days and we are still waiting after 21 business days. Do we have any grounds to sue when we don't have any agreement in writing? And do we have a chance to win?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Under NY law, the contract to perform moving services would not have to be in writing to be enforceable.  I don't know Kansas law (which might apply) or the law of the state in which the movers are headquartered (which also might be applied) but they are likely to be the same.  Therefore, if the Court believes what you say about your agreement,  you can win.  However, you also have to consider what your damages are.  You may not be able to recover the extra $2000, depending on whether the Court considers you to have been under "economic duress" when you agreed to it.  As for having to wait an additional 2 weeks or so, this is extremely annoying, but have you had to incur any additional expenses (e.g. buying things you needed which should have been delivered already)?  With rare exceptions, it is not enough just to show that you were wronged; you have to show how you were damaged, monetarily, by the wrong, before a money judgment will be entered in your favor.
Answered on Oct 01st, 2012 at 6:24 PM

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