Legal Question in Consumer Law in Florida

Interstate Moving: Small Claims Court

Hello,

I am defending myself in a civil suit, filed in Florida small claims court.

A mover, who moved me from FL to SC in 2005, is filing suit for payment.

I had initially paid the mover upon delivery of goods, however, put a stop payment on the check at a later time because of refusal of the company to file a claim for damages to the goods.

I have just been to the evidence hearing with the judge. He raised the following questions and said he did not know yet:

Interstate moves are regulated by Federal Law. I am preparing my defense to the claim using these laws. The judge is unsure whether he can allow me to use these...or make a ruling based on these laws...in a State Court. He said he will have to find out.

Two questions:

1) Can the judge allow me to use the Federal laws governing this subject matter for my defense, particularly in light of the fact that 'Interstate Moves' are explicitly regulated by Federal Code.

2) If he can not allow me to use these laws, then again, since Interstate moves are regulated by Federal Code, doesn't the suit have to filed in a federal court...to at least allow myself to use the proper defense?

Sincerely,

--name removed--Tibedo


Asked on 8/28/06, 11:35 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Interstate Moving: Small Claims Court

No, it does not need to be filed in Federal Court.

Look on the internet for the "Carmack Amendment" which is the federal law that I believe you are referring to. The state court must apply the federal law if it applies to your factual scenario.

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Answered on 8/29/06, 8:10 pm


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