A moving company damaged my goods during an interstate move. Federal small claims options?

What the Law Says

The Carmack Amendment, codified at 49 U.S.C. § 14706, establishes uniform federal liability standards for motor carriers engaged in interstate commerce—including household goods movers. It makes carriers liable for loss or damage to goods unless they prove the harm resulted from an excepted cause (e.g., act of God, public enemy, shipper’s fault, or inherent vice). Importantly, the statute creates federal question jurisdiction (28 U.S.C. § 1331), meaning claims arising under it may be brought in U.S. District Court—but there is no federal small claims court. The Federal Rules of Civil Procedure apply, and there is no simplified 'small claims' track in federal court; even modest-dollar claims must comply with full federal pleading, discovery, and motion practice requirements. State small claims courts lack subject-matter jurisdiction over Carmack claims because federal law preempts conflicting state regulation of interstate carrier liability (CSX Transp., Inc. v. Easterwood, 507 U.S. 658 (1993)).

Practical Steps

First, file a written claim with the moving company within 9 months of delivery per 49 C.F.R. § 375.403—this is a mandatory precondition to filing suit. Document all damage with photos, inventory lists, and repair/replacement receipts. If the claim is denied or unresolved after 120 days, you may file suit in U.S. District Court where the mover does business, where the goods were delivered, or where the contract was made—but be aware that federal court requires formal pleadings, service of process, and often legal representation (pro se filings are permitted but complex). For claims under $10,000, consider whether your state’s small claims court will accept the case despite preemption concerns: some courts permit suits against movers under state consumer protection statutes (e.g., deceptive trade practices acts) if the claim is framed narrowly and avoids direct Carmack liability arguments—though this carries risk of dismissal on preemption grounds. Always consult a lawyer experienced in transportation law before filing.

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