Legal Question in Business Law in Washington

contract with moving company - no show

I had a contract with an interstate moving company based out of Washington to move my belongings from CT to WI. The contract was signed by the broker and myself, and I had to pay a $500 deposit. The movers were supposed to arrive on April 1 and deliver to WI by April 4. On the 1st, no mover. After several calls,I received a message stating that the truck was running one day behind. April 2nd, no show- I called repeatedly every #I had with no return call. I had to hire a last minute mover. Our belongings were delivered on April 5th. by the new moving company that cost me $3,000 more.

On April 6th I received a message on my cell from

a truck driver describing himself as a ''buddy'' of the first mover , seeing if we still needed our things moved.

The new company had already delivered our belongings to WI.

No word from the original mover himself until he sent an e-mail to my wife on the 9th with a generic apology stating that our deposit would be returned.

My wife has gone back and forth with him. He offered $500 for us not to report him to the BBB.

And claims we cannot sue him. Is this true? I have the signed contract.

He is a legit business


Asked on 5/02/07, 4:07 am

1 Answer from Attorneys
Susan Beecher Susan L. Beecher, Atty at Law

Re: contract with moving company - no show

Whether you can sue under these circumstances depends upon what the contract actually says. Does it indicate that "time is of the essence", or does it guarantee performance within a specific time period? Does it say anything about damages? Does it say anything about venue and choice of law? These are just a few of the things I would want to check before saying what your rights are under the contract, and I would want to read the complete contract before saying for sure.

If you want to sue under Washington law (and I am not licensed to write about suing anywhere else), assuming the terms of the contract were favorable to you and did not address liquidated damages, you could try to recover your $500 deposit and the additional $3000 difference. The moving company might pay you just to preserve their record, but if you had to go to court, you would spend many times this amount in legal fees. You could also take this matter to small claims court ($4000 limit in Washington) but you would have to appear yourself, as you cannot have an attorney with you or in your place in small claims court.

However, everything depends upon exactly what the contract says. It is probable that you are entitled to your $500 back, but even that would depend on the terms of the contract.

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Answered on 5/02/07, 10:35 am


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