Expert: Timmy Chou - 9/22/2002

Question
Hi,
We moved in May and the movers damaged walls and furniture. I have been calling about once every two weeks since then to get them to fix damage. They say the person in charge of damages will call me back but after 25plus calls I get the feeling they don't give a darn. how can I take them to small claims court and would it do good. I am in PA. They are in PA, same county.  

Answer
Thank you for your question!

Mediators act as neutral third parties to disputes and never "get involved" in judging the merits of conflict, but merely use special techniques to help the parties decide how to negotiate their own settlement.

The case you describe here is unfortunately very typical.  I am not a lawyer, nor can I mediate your dispute with just you alone but I can respond to your question from my business consulting experience.  Note that this dispute may
have legal factors and you may wish to consult an attorney.

My opinion is that the company is waiting until you show some teeth before they do anything.  They are responsible for the damage but if you won't compel them to act then they aren't eager to act on their own.  Here is how you should proceed.  

You may angage an attorney if you wish but it is likely you will pay more in attorney fees than the cost of the repairs.  Small claims is where you belong.  First, write a letter to the company restating your claim and describing the damage and repair cost estimates (or bills if it has already been fixed).  Be sure to note every instance of your attempts to call--list every one of the twenty five times.  Tell them that unless you have been contacted within a certain nunmber of days (like 10) you will file suit.  Send it certified mail, return receipt requested.  Be sure and address this personally to the president of the company.  You can get his name by calling and telling the secretary you have some material to send to the chief executive and you merely need the correct name.  They will be happy to give it to you, or you may be able to get it on the internet.

Copy your letter to every imaginable consumer resource you might have available in your city such as government ombudsmans or consumer protection divisions, better business bureaus, newspapers, trade associations, consumer advocacy groups, and even sometimes a TV guy that sticks up for the little guy when they get beaten up.  Make sure your letter to the company notes that you have sent copies to all these people.

Make sure they know that you will stop at nothing to be treated fairly and you will make sure that everyone knows how they do business.

If you can create enough pain for them they are more likely to take care of you.  Be sure and get your expenses reimbursed for court costs, etc.  

The goal here is to get them to realize it will cost alot more to deal with all the collateral damage you will cause them by your willingness to proclaim their nefarious business practices to everyone, and they will settle with you.

If you have to go to court begin to document, in a chronological way, all these events as they unfold so the judge can see clearly that you have been mistreated.  

These are some ideas.  Feel free to follow up with additional questions.

For your information, the pros and cons of the types of dispute resolution methods follows.

GOOD LUCK!

Arbitration, Mediation, and Litigation

Arbitration: the referral of a dispute to one or more impartial persons for final and binding determination outside of the judicial system

Benefits of Arbitration:

    Confidential, no public record
    Limited exchange of documentation, information
    Quick, don't have to wait for a court date
    Arbitrators have expertise in the subject matter and are trained in conflict resolution
    Cheaper than litigation
    Preserves business relationships

Negatives of Arbitration

    It's a compromise, no %100 winner
    Complex arbitration can be costly
    If not satisfied, may litigate the arbitration procedure
    Poor results with an unskilled arbitrator
    Both parties must agree to cooperate in the process

Mediation: the process by which parties submit their dispute to a neutral third party (the mediator) who works with the parties to reach a settlement of their dispute.

Benefits of Mediation:

    Neutral mediator can objectively suggest alternatives not considered before
    Parties are directly engaged in negotiating the settlement
    Can be quicker than litigation
    Less costly than litigation
    Preserves business relationships
    85% of American Arbitration Association cases mediated find successful solutions

Negatives of Mediation

    may not reach a binding decision
    unskilled mediator

Litigation: using the judicial system to resolve disputes

Benefits of litigation:

    a clear winner and loser
    uses a prescribed set of procedures
    more predictable outcomes
    is final

Negatives of Litigation:

    waiting for court dates can do more hare
    usually more expensive than mediation and arbitration
    part of the public record