Legal Question in Credit and Debt Law in Illinois

Obligations of Intracity Moving Company

A moving company dragged furniture over a new hardwood floor leaving deep grooves and scratches.After following their policy and Claim Procedure,my claim was denied and I was offered a consolation prize of a ''free day's move''. I filed Pro Se and the case will be adjudicated early in March,2003. Other than three estimates and the absence of a witness, who has relocated, what should I prepare/expect from the Arbitration? What necessary proof will I need to prevail? Is there insurance that the company should have provided that would have paid for the damage and prevented legal action?


Asked on 2/06/03, 2:10 pm

1 Answer from Attorneys
Mary McDonagh McDonagh-Faherty Law Offices

Re: Obligations of Intracity Moving Company

You should approach arbitration with all of your evidence - it is a hearing in front of one to three judges usually - conducted much like a trial. You will be asked your side of the story. Bring in all evidence - photos, contracts, etc. Read your contract and be sure what the agreement was regarding damage, etc. If the arbitrator goes against you, you generally have 30 days to file a Notice of Rejection of Arbitration Award and it goes back into court and you can then ask for a trial in court. Be sure to take advantage of the discovery at this time so as to be completely prepared for whatever their defense is going to be - discovery gives you the chance to ask them to produce any and all physical evidence they have and the chance to issue interrogatories to ask any relevant questions (potential witnesses, etc.), including whether they were insured. This is a start!

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Answered on 2/06/03, 2:35 pm


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