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How can I go about suing a Moving Company for fraud and non-delivery of my furnishings after requested delivery has been repeatedly ignored?

1 Answers. Asked on Jul 31st, 2012 on Consumer Fraud - Nevada
More details to this question:
I hired this company to move me on 06/13 I have an original quote to move from Las Vegas to Orlando FL on June 9th I informed them of my change in plans due to my job not sending me to work out of state and they said no problem they would still move me - United Movers of Sherman Oaks, CA showed up with 1 man and an Enterprise 10foot rental truck - and tried to charge me 1000.00 more than my contract They will not return my calls when asking for Delivery except to say they want to charge me storage but will not tell me how much
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Answered on Jul 31st, 2012 at 9:20 PM

As indicated in an earlier answer, moving companies have developed a reputation for unscrupulousness.  Therefore when considering how and where to sue the moving company,  your question is really twofold: (1) can Nevada courts take jurisdiction over the moving company; and (2) is your dispute one that you can bring in Nevada.

Nevada courts can take jurisdiction over companies for whom there is personal jurisdiction in Nevada. Personal jurisdiction may be (a) general or (b) specific. General personal jurisdiction exists where the Moving Company's activities in Nevada are so substantial or continuous and systematic that the Moving Company may be deemed present in Nevada and hence subject to suit over claims unrelated to its activities in Nevada. If the company in question does constant business in Nevada and was selected by you for its Nevada contacts, you should be fine.

In the absence of general jurisdiction, specific personal jurisdiction may be established where the claims arise from the Moving Company's contacts with Nevada. The test for specific personal jurisdiction is whether (1) the Moving Company purposefully avails itself of the privilege of serving the Nevada market or of enjoying the protection of the laws of Nevada or where the Moving Company purposefully establishes contacts with Nevada and affirmatively directs conduct toward Nevada, and (2) the claims arises from that purposeful contact with Nevada or conduct targeting Nevada. The Moving Company's contacts with Nevada must be more than random, fortuitous or attenuated; it is the quality of the contacts and not the quantity that confers personal jurisdiction. Directing conduct by marketing to you in Nevada, offering to come into Nevada to move you, employing personnel in Nevada and accepting payment from Nevada would all be factors which go into an argument of specific personal jurisdiction.

There is an additional issue which arises in cases like this which is that savvy moving companies attempt to avoid the risk of being sued nationwide by specifying in the contract the jurisdiction and forum in which any action will be brought. If the company is California based, the company's contract may specify that the action is required to be brought in California.  To the extent that your belongings are being withheld, you might consider bringing the action in which the belongings are held.  You should have your contract reviewed with an attorney to determine if this issue is applicable to you and your best course of action.

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Consumer Fraud
Are you the victim of consumer fraud? Has a business treated you unfairly or acted in a deceptive manner? Have you lost money or property to a scam artist? Has your insurance company denied a legitimate claim? A consumer fraud law firm can help you take legal action against the company, which may including filing an individual or class action lawsuit against the business. Your lawyer can also notify the appropriate attorney general or state's attorney--which often act as consumer watchdogs--and urge the government to launch a criminal investigation if appropriate.
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