A moving company overcharged me in New York. Can I sue in small claims court?

What the Law Says

In New York, moving companies are regulated by the New York State Department of Transportation (NYSDOT) and subject to the New York General Business Law (GBL) § 396-aa, which prohibits deceptive moving practices, including undisclosed or inflated charges. Overcharging may constitute breach of contract, violation of GBL § 349 (consumer fraud), or failure to comply with NYSDOT’s tariff requirements (13 NYCRR § 157.1–157.15), mandating written estimates and itemized invoices. Under CPLR § 3012-a, small claims court has jurisdiction over civil claims up to $10,000, regardless of the legal theory—making it appropriate for disputes involving unauthorized fees, bait-and-switch pricing, or failure to honor binding estimates. Importantly, small claims court does not require attorneys, and procedural rules are simplified to ensure accessibility for consumers.

Practical Steps

First, gather all documentation: signed estimate (binding or non-binding), bill of lading, final invoice, payment records, and any correspondence showing the overcharge or refusal to correct it. Next, send a demand letter via certified mail citing GBL § 396-aa and requesting reimbursement within 10 days—this strengthens your case and may prompt settlement. If unresolved, file a small claims petition online via the NYS Courts eFiling system (nycourts.gov/efile) or in person at the appropriate court where the moving company does business, where the overcharge occurred, or where you reside (CPLR § 302(a)(1)). The filing fee is $15–$20 (waivable for low-income litigants using Form UC-38). Prepare for your hearing by organizing evidence chronologically and practicing concise testimony—judges expect clear facts, not legal argument. Note: While you cannot appeal a small claims judgment, you may request reargument within 30 days under CPLR § 2221.

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