- 1). Document the damage immediately. If you witness the movers acting irresponsibly or against your specific instructions, make sure to alert them to the situation at hand. As soon as you are aware of the situation, take photographs of the actions of the movers (if possible) and of the damaged items. Get the names of the movers and contact the company immediately. If you were inconvenienced by other issues such as transportation or lateness, document the date, time and person you spoke to regarding the problems.
- 2). Carefully review your contract. If you have used a reputable company, you most likely signed a contract specifying the obligations and limitations. Normally, this contract releases the company from responsibility if the damage was unavoidable or occurred while the movers were careful and exercising due diligence. However, some contracts release the company from all liability. If you did not have a contract---or it was verbal---discuss the situation with your point-of-contact person.
- 3). Calculate your damages. If the piece can be repaired, get estimates from the repair person. If it has to be replaced, determine the value of the item based on a standard depreciation rate of 15% per year of ownership.
- 4). Collect proof of value of your damaged possessions. Go through your files and find those receipts that correspond with the damaged items. If you don't have any proof of what your belongings are worth, you can often get documentation by going to the store where you purchased the items. For older pieces, check out online sites such as www.ebay.com to find what comparable items are selling for currently.
- 5). Contact the courthouse in the county where the moving company does business. Phone numbers and addresses are available in the blue pages of your telephone book or online. Depending on your total damages, you will either need to file at small claims court or civil court. The clerk can give you the jurisdictional limits in your state. In general, the amount for small claims court is between $2500 and $7500. Damages beyond that amount require you to file at civil court. The county clerk can also give you the paperwork and correct procedure for filing. This information is often available online.
- 6). File the correct paperwork. You will need to appear in person and pay the filing fee. You will also need all the contact information for the moving company including owners' names, phone numbers and addresses.
- 7). Arrange to have the court documents delivered to the moving company. As the plaintiff, you are not able to personally deliver the papers to the moving company; however, you may use another adult to do so. You may be present, but the person serving must verify that he has reached the correct party. You may choose to use a process server---a company that will serve the papers for you. A listing of process servers in your area is available in your local yellow pages or online.
- 8). Report to all appointed court dates. The courthouse will give you a trial date and contact information about your case. Failure to report on time to these court dates will result in the judge dismissing your case.
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