Small Claims case against moving company for property damages
I hired Texas Elite moving company in March of 2022 to move my personal property from Boerne, Texas to a new home in Waco, Texas. I interviewed four moving companies and chose Texas Elite because they sold their business to me as a family run business that would treat my belongings like their own and she made personal assurances, etc. but are now trying to hide behind an LLC. They damaged the majority of furniture with one desk specifically pointed out to them was valued at $12,000 and was of major concern. I even had a UHaul truck reserved to move this desk apart from all other furniture to ensure it would not be damaged and she talked me out of it being necessary.
I am a senior citizen and told her that my husband, now in his mid 80's was not to be involved or consulted in any matters pertaining to this move and that all questions and directives were to be made with me or my daughter. My husband is legally blind in one eye and has hearing issues and could not be involved with logistics.
The woman who sold me this move said her husband was the lead for the team of six movers I hired. Her husband came to remove my belongings with five other movers to load my furnishings in Boerne and held my belongings overnight in three trucks. The next day they arrived with only a total of five moving men when I paid for a team of six. They caused damage to my furniture valued at over $100,000 but I filed suit against them in McLennan County small claims court for they maximum allowed $20,000 and paid extra filing fees to have my case heard by jury. I filed suit against Ms. Shane Harris and Texas Elite moving because they failed to do the job as hired and promised. They also deliberately approached my husband before the moving of my items was even complete and had him "sign off" to pay for the move.
My husband did not know what he was signing and could not read the "fine print" presented to him and no explanation was given as to what he was signing. He though he was just giving them a credit card for payment and did so before one of the trucks had even finished unloading and before another truck was about to leave to drop off a full load of furniture to our storage unit blocks away. It was deliberate desception and as soon as they drove I was finally able to see all the damages and immediately called my credit card company to stop payment and called Mrs. Harris about the damages. This claim of damages has been on going for a year and she has been provided photographic evidence and is aware of the damages.
She has hired a law firm in this small claims case and it attempting to have my case against her and her company dismissed sighting lots of legal argument. I now have ten days to respond. This is the first time I have ever had to file a small claim and am seeking legal advice and/or representation provided I can afford to do so. In my opinion this moving company has taken advantage of our age and is hiding behind legal jargon to not be held liable for any damages they caused. I paid them over $8,000 to only receive over $100,000 in damages to my furnishings and would like my day in court to be heard. Can anyone help?
Breach of Contract and Negligence:
Based on the information provided, it appears that Texas Elite moving company may have breached their contract and acted negligently in handling your belongings. They made promises to treat your belongings with care and professionalism, yet they caused extensive damage to your furniture. Moreover, they did not fulfill their obligation to provide a team of six movers, as you had paid for, and they approached your husband, who has visual and hearing impairments, and had him sign documents without proper explanation.
You have taken the appropriate step by filing a lawsuit against Texas Elite in small claims court for the maximum allowed amount of $20,000, and you have paid extra fees to have your case heard by a jury. It is important that you respond to their attempts to dismiss your case within the given time frame.
It may be beneficial for you to seek legal advice or representation to help you navigate the legal process and ensure that your rights are protected. A licensed attorney can help you understand the legal jargon being used against you, and can provide guidance on the best course of action to take.
The information provided is not intended as legal advice and should not be taken as such. We recommend consulting with a licensed attorney for advice regarding your specific situation.
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Sat, 04/29/2023 - 04:06 This page is dedicated to Consumer Law in Woodway
Consumer Law Woodway