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How do you get the overpayment back from a binding not to exceed contract. the company wants us to sign a settlement agreement.

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Asked by Laurie

August 6, 2013 under Moving Companies

We signed a binding not to exceed contract and the weight was 2100 lbs less. they owe us about $560 and want us to sign a settlement agreement releasing them from all liability. We still have a loss and damage claim pending.

Answered by Nicole La Capria

August 7, 2013

Hello, and thank you for visiting Movers.com!

Unfortunately, moving experiences do not always go smoothly. If you are having a problem with a moving company that you cannot resolve with the company directly, there are a few things you can do:

File a claim with the FMCSA

While this agency does not have the authority to legally intervene on your behalf, your complaint could prompt a federal investigation against the mover.

You can file a complaint against any interstate movers with the agency easily on their website or by calling their toll-free number: 1-888-DOT-SAFT (1-888-368-7238).

Your complaint will be entered into a database, used for statistical purposes and included on the company's public record. You may be contacted by the agency if they decide to take action against the company. The FMCSA is only responsible for regulating companies that operate across state lines--for intrastate moves, contact your local regulatory agency such as the public utility commission, consumer protection office, or the office of the Attorney General.

File a complaint with the Better Business Bureau.

You can file a complaint with the BBB by visiting their website and submitting an online claim form or going to the office nearest you. The organization will contact the company with your claim within two days, and the movers will be expected to respond within 14 days. If no response is received, a second request is sent. The BBB will keep you updated on the status of the correspondence, or lack thereof.

However, the BBB is not a governmental organization and cannot obligate the moving company to compensate you. They can only act as a third-party mediator to facilitate cooperation from the movers concerning your complaint.

File a complaint with the American Moving and Storage Association.

If your complaint is in reference to lost or damaged goods or over-charging, you may be eligible for AMSA's Arbitration Program. The National Arbitration Forum administers the program, a neutral, non-governmental organization not affiliated with the AMSA or any moving companies. Requests for arbitration are not free--administrative fees will apply to you and your movers, unless the movers offer to pay a portion or the entirety of your fees.

While arbitration is voluntary for you, it may be mandatory for your mover. Your moving company is required to accept your request for arbitration concerning disputes of less than $10,000. For disputes exceeding that amount it is not mandatory for movers to comply. The decision made by the forum is legally binding on both you and your movers and can be enforced in court. For more information, visit the AMSA website.

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