Expert: Charles W. Field - 2/6/2004

Question
Hi,

I'm not sure if this is within your realm but I thought I would give it a shot.  A friend of mine hired this moving company to move her from one city to another (7 or 8 miles total).  They requested all the money up front in cash, was suppose to arrive at 9am, arrived at 12pm, didn't leave her brand new home until 10:30pm.  They said they would come back the next morning since they did not finish the original job and didn't arrive (from what my friend told me) until 11pm at night!  I was at my friends house on the evening of the original move date from about 7pm until they left.  They were banging her furniture all over the place, putting in big scratches, etc., they scratched up her brand new hardwood floors, put huge dents in her walls.  All this was done to a brand new home that had never been lived in.

My friend got estimates on how much it would cost to repair all the damages and submitted a letter to the moving company along with a copy of pictures and forwarded the same to the CPUC here in California.  The moving company made an offer of $400 which didn't come anywhere near the cost to repair everything.  The the CPUC gave my friend a form on how to calculate the damage, which ended up being higher than what my friend was asking for.  She submitted this information to the moving company along with a copy to the CPUC, stating that this is the amount she is entitled to for damages but was still willing to settle for the original amount she requested from them to pay for the repairs.  Along with the original letter to the moving company, my friend enclosed a letter from me as to what I saw and hear from the moving employees.  Last week my friend received a letter from the moving company stating that they are withdrawing their $400 offer, that the letter with my name on it was not a real person (imagine that), that she was basically trying to extort money from their company and that they have the right to sue her for extortion as well as defirmation of character.

My friend is totally beside herself and can't believe the letter and threat from this moving company.  Since she doesn't know of any attorney that could help her out or advise her on this matter I told her to contact the local television channel where this one report goes after people/companies such as this.  I have not heard as to whether they got back to her but I was hoping you might be able to provide some advise, shed some light or point my friend in the right direction on this matter.

Thanks so much for your time!

Kind regards,
Patricia Steiding

Answer
I would ignore their threats and go ahead and sue them for the higher amount. This might be a small claims case, depending on the dollar amount your friend is seeking and the jurisdiction amount of your small claims court. I would strongly advise that she at least consult with a local attorney.