Miami, FL asked in Consumer Law and Contracts for Florida

Q: Can a moving company ask for more money, five months after they have already been paid?

I hired a moving company solely to pack and move my belongings into a truck. When the work was completed, the company’s rep agreed to not charge for packing materials and issued an invoice accordingly, which was promptly paid. Five months later, the company’s owner is demanding that I pay for the packing materials and claims that his rep did not have any authority to forgo the charges for the packing materials. I am now in Florida and this happened in Vermont. My main concern is that this company may try to hurt our credit as we are closing on our home soon.

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3 Lawyer Answers
Linda Liang
Linda Liang
Answered

A: If there is a writing agreement, your concern is reasonable. Invoice is not proof of moderation, unfortunately. I would suggest you to pay for the material and be done with it.

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Actually you should have asked this question in Justia › Ask a Lawyer › Vermont ›. But in my opinion you are not obligated to pay. Google "accord and satisfaction".

Charles M. Baron agrees with this answer

Charles M.  Baron
Charles M. Baron
Answered
  • Consumer Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: I agree with Mr. Thorgaard, but a problem you have is that, regardless of which side of your dispute is legally correct, the company can file suit against you IN VERMONT and/or possibly report the alleged debt to a credit bureau. You then would have the trouble and expense to get it rectified. You need to ask yourself: Is the amount they are demanding worth the fight? Can it be settled with a lower amount than the demand?

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