QUESTION

how do i get my stuff from a moving company who has delayed the delivery of the stuff by 6 weeks and still has no specific date of delivery ?

Asked on Aug 26th, 2013 on Breach of Contract - California
More details to this question:
The movers picked up my entire house stuff (almost 40 boxes and other items)from Portland ,OR on July 6th saying that the stuff will reach Brentwood,TN on July 16th 2013. It is Aigust 26th today and still we have not got our stuff. More than that the mover is still not giving us any date for the delivery. For the past 4 weeks,he has been saying that the truck is in NewJersey and now since past 2 weeks , he has been saying that there is some legal problem. Inspite pf our repeated asking and requesting, he is not giving us any information about the truck number, the nature of the legal problem, his dealership number . He asks us to talk to the legal office at NJ but nobody picks up the phone there and they have not returned any of our voicemails either. we are really worried and having a tough time managing a family with 2 small kids without our home stuff. Kindly help......
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1 ANSWER

This sounds unreasonable.  Surely you are entitled to your stuff back.  You have a possible claim for either tresspass on chattel or conversion among other claims.  The damages for such include the fair rental value of your stuff or the fair market value of the stuff depending on the exact facts.  You must document your correspondence with the company in writing.  Oral conversations hold little value in court.  Either have an attorney send an e-mail or send a letter as soon as possible.  The lawyer should give the company a firm dead line in which your stuff must be returned.  If the stuff is not returned you could repurchase the stuff and send the company the bill.  However, before you do this contact an attorney to make sure the company is within your jurisdication, is able to be served properly and has the resources to pay your claim in event you prevail in your law suit.  If the company is operating in California and is a formed as a Corp, or LLC or LP you can go on the secratory of state web site and find the contact information for the agent of process.  Then you can contact the agent of process with your legal demand and or law suit papers.  If the claim is less then 7500 you could file a smal claims case.  Small claims is much eseir and less expensive then traditional civil court.   I'm sorry this has happened to you, it sounds llike an awful experience.   If you need additional assistance, I invite you to contact me. Best Regards, Codi M. Dada, Attorney at Law  
Answered on Aug 27th, 2013 at 11:00 AM

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