Red Flags of Household Goods Moving Fraud

Learn about the red flags of household goods moving fraud before you move.

Moving Boxes with PersonRogue movers typically work like this: Without ever visiting your home or seeing the goods you want moved, they give a low-ball estimate over the phone or Internet. Once your goods are on their truck, they demand more money before they’ll deliver or unload them. They hold your goods hostage and force you to pay more—sometimes much more than you thought you had agreed to—if you want your possessions back.

Your best defense is to recognize a rogue mover before they have your goods. Here are the “red flags” to look out for:

No “visual” estimate

  • The mover doesn’t offer or agree to an on-site inspection of your household goods and gives an estimate over the phone or Internet—sight-unseen. These estimates often sound too good-to-be-true. They usually are.
  • Note: Movers are legally permitted to offer an estimate without doing an in-home “visual” estimate, and oftentimes these are legitimate and fine. But, if the mover does not do a visual estimate, they must get a waiver signed by the shipper if the address is located within 50 miles from the movers office/warehouse.

Payment first

  • The moving company demands cash or a large deposit before the move.
  • Note: It is perfectly legal and common practice for movers to request a deposit at the time of reservation. So long as the mover outlines the payment schedule in its tariff, the mover may collect a deposit at the time of reservation. This often ranges anywhere from $100 up to 20% or more of the total estimated cost of the move. This deposit may or may not be refundable if the shipper decides not to move. Contact the carrier and ask for a written explanation of the carrier’s cancellation policy before booking your move.

Your Rights and Responsibilities When You Move

No local address, license or insurance

  • The company’s website has no local address and no information about licensing or insurance.
  • The company’s website is required to include license and contact information.

Mover claims

  • The mover claims all goods are covered by their insurance.
  • Moving companies are required to offer no-cost, $0.60 per pound as well as Full Value Protection (FVP). FVP coverage is offered to the shipper at a cost.

No company name

  • When you call the mover, the telephone is answered with a generic “Movers” or “Moving company,” rather than the company’s name.
  • Sometimes, movers will operate under multiple names. One company might get a bad reputation and then change names to try and hide the bad reputation.

Office conditions

  • Offices and warehouse are in poor condition or nonexistent.

Generic Rental truck

  • On moving day, a rental truck arrives rather than a company-owned and marked fleet truck.
  • Note: There is  no law that says movers cannot rent trucks. This is perfectly legitimate, especially on busy days, for honest movers.

The Law Office of David Piotrowski assists moving companies with publishing their tariff and creating required documents such as as the Bill of Lading.

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Tenant Abandonment in California – $700 Amount Threshold

Prior to January 2013, landlords could throw away abandoned property after proper notice and waiting the required number of days if the landlord believed the items to be worth less than $300. Beginning January 2013, the threshold has been increased to $700. If the landlord believes that the tenant’s abandoned property is worth less than $700, then they can dispose of it as they see fit after giving proper notice and waiting the required number of days. If the landlord reasonably believes the items are worth $700 or more, then the landlord is required to auction the abandoned property.

The Law Office of David Piotrowski represents landlords throughout southern California and can assist with a tenant eviction.

Read Attorney Piotrowski’s “Landlord Best Practices and Eviction Overview” book.

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Appealing an Unlawful Detainer Judgment

The party that losses an unlawful detainer has the right to appeal the case. Appeals generally do not happen, however. When they do, the tenant is usually the party to appeal the unlawful detainer judgment.

Tenants will rarely appeal an unlawful detainer judgment. The eviction appeal process is not usually effective to delay the ultimate eviction. Furthermore, appeal from an unlawful detainer judgment does not automatically stay (delay) enforcement of the judgment. The tenant must request the stay from the trial court, and these requests are rarely granted.

The Law Office of David Piotrowski represents landlords throughout southern California and can assist with a tenant eviction.

Click here for more eviction blog posts.

You may also use the “search” feature on the Law Office website here.

Read Attorney Piotrowski’s “Landlord Best Practices and Eviction Overview” book.

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Eviction Costs Awarded to Prevailing Party in California

The “prevailing party” is entitled to claim costs in an eviction case. Allowable costs and expenses include:

  • Filing, motion, jury fees
  • Actual cost of service of process
  • Deposition costs
  • Court reporter fees
  • Transcripts of court proceedings ordered by the court
  • Court-authorized interpreter fees for indigent parties represented by qualified legal services organizations
  • Exhibits
  • Costs on appeal
  • Costs advanced to the sheriff or marshal for an eviction
  • Ordinary witness fees, but not expert witness fees in most instances

In order to claim eviction costs, the prevailing party must file and serve a memorandum of costs within 15 days after the mailing date of the notice of entry or judgment or dismissal or within 180 days after entry of judgment, whichever is earlier.

Read Attorney Piotrowski’s “Landlord Best Practices and Eviction Overview” book.

The Law Office of David Piotrowski represents landlords throughout southern California and can assist with a tenant eviction.

Click here for more eviction blog posts.

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The Importance of the Rental Application

Rental applications are very important. All landlords should require prospective tenants to completely and accurately fill out a rental application. The rental application will provide the landlord with very useful information including the tenant’s assets and bank account details, as well as employment and former residences. The information on the rental application can be used in the case of a default of rent or other violation of the rental agreement. The landlord can refer to the rental application when it comes time to collect on a judgment.

Requiring tenants to complete a rental application is only part of the equation. Landlords must take a few moments to verify the information on the rental application. At the very least, landlords should call employers, former landlords, and do a prior evictions check.

The number of landlords who fail to have prospective tenants complete a rental application is surprising. Requiring prospective tenants to complete a rental application, as well as verifying the information on the rental application, is a landlord best practice.

My firm provides a rental application template available for download.

The Law Office of David Piotrowski represents landlords throughout southern California and can assist with a tenant eviction.

Read Attorney Piotrowski’s “Landlord Best Practices and Eviction Overview” book.

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