Advise on State to File Small Claims California or Jersey

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valbona131898
Posts: 1
Joined: Wed Sep 19, 2018 3:46 pm

Advise on State to File Small Claims California or Jersey

Postby valbona131898 » Wed Sep 19, 2018 4:23 pm

The movers overcharged us more than double. Thinking of taking them to small claims. Do I file in California (where I reside) or Jersey (where they are)? The small claims paperwork is a bit unclear.

Jeff.Walker
Posts: 1189
Joined: Fri Aug 28, 2009 10:32 am
Location: Central IL

Re: Advise on State to File Small Claims California or Jersey

Postby Jeff.Walker » Mon Oct 01, 2018 6:52 am

You should read through your paperwork and make sure there isn't a clause that says you can't sue your mover. I would also read our article "I've Been Scammed, What Now", which should give you ideas on directions you can go.

BigLeeCalif
Posts: 4697
Joined: Sat Aug 23, 2003 5:59 pm
Location: Escondido, California

Re: Advise on State to File Small Claims California or Jersey

Postby BigLeeCalif » Fri Nov 09, 2018 12:25 am

I know this is old, but since I live in California, and have had to respond to several small claims...The rule is that you need to file the suit in the county where the scam has occurred. I don't know about New Jersey, but you can check with your state office of consumer affairs....
"It is better to keep your mouth shut and appear stupid than to open it and remove all doubt" Mark Twain

forJustice
Posts: 16
Joined: Mon Sep 13, 2021 6:19 pm

Re: Advise on State to File Small Claims California or Jersey

Postby forJustice » Mon Oct 11, 2021 8:46 am

I plan to file small claims too. The rogue mover (Suburban Relocation Systems) hold my belongings hostage.

The issue is which state to file the lawsuit. The cause of action is my state, but the Bill of Lading says I should file lawsuit in mover's state. The unfair term in Bill of Lading was added after the agreement was sighed and after my goods were loaded.

Your advice? Thank you in advance.

BigLeeCalif
Posts: 4697
Joined: Sat Aug 23, 2003 5:59 pm
Location: Escondido, California

Re: Advise on State to File Small Claims California or Jersey

Postby BigLeeCalif » Tue Oct 12, 2021 11:20 pm

Question.. Is your move still in progress, since you say they held your goods hostage?

First contact the legal experts here https://www.moverescue.com/.
There is no charge.

If You're the Plaintiff ... Filing Your Lawsuit
Have You Asked for the Money or the Property?
Before you can sue in small claims court, you must first contact the defendant (or defendants) if it's practical to do so. You must then ask for the money, property, or other relief that you intend to ask the judge to award you in court. In legal terms, you must make a "demand" on the other person, if possible. Your request may be made orally or in writing, but it's a good idea to do it both ways. Always keep copies of any letters and other written communications. It's wise to send written communications by mail, and to ask the post office for a return receipt that you can keep as evidence.

https://www.nolo.com/legal-encyclopedia ... er9-2.html

Best wishes and good luck.
"It is better to keep your mouth shut and appear stupid than to open it and remove all doubt" Mark Twain


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