Toolkit · Consumer Protection

The Moving, Storage, and Household Goods Claim Toolkit

49 U.S.C. § 13901

Type
Toolkit
Jurisdiction
National
Date
2025-06-17
Topic
Consumer Protection

This toolkit collects the working documents used to plan a move, contest an overcharge, prosecute a loss claim, and stop or unwind a storage lien sale. It contains a carrier verification worksheet, an estimate comparison sheet, a valuation election record, a high-value inventory, an exception code decoder, a delivery-day tender script, a Carmack demand letter, an arbitration election letter, a limitation-of-liability attack outline, a storage lien audit grid, a redemption and protest letter, a surplus accounting demand, and a document retention schedule. Each is drafted to be adapted to the route and the governing state act. A related materials index maps each tool to the guides, articles, and checklists that explain it.

The Moving, Storage, and Household Goods Claim Toolkit

Consumer Protection > Moving Companies and Self-Storage | Published 17 June 2025 - Updated 7 December 2025 | UpLaw - uplaw.us

Tool 1 takes four minutes and prevents most catastrophes. Tool 10 has a deadline measured in days.

Tool 1 — Carrier Verification Worksheet

Complete before any deposit.

Item Answer Verified
Company legal name (not the brand) ☐
USDOT number ☐
MC number ☐
Carrier or broker? ☐
If broker, actual carrier's name and USDOT ☐
Registration active? 49 U.S.C. § 13901 ☐
Insurance on file? 49 U.S.C. § 13906, 49 C.F.R. part 387 ☐
Broker bond or trust on file ☐
Complaint history reviewed ☐
Route: interstate or intrastate? ☐
Governing law: 49 C.F.R. part 375 or state ☐
Deposit demanded? Amount? ☐
Your Rights and Responsibilities booklet received ☐
Ready to Move brochure received ☐
Arbitration program disclosure received — 49 U.S.C. § 14708 ☐

⚠ Red flags, any one of which should end the conversation: refusal to give a USDOT number; a quote with no survey; a name that differs from the DOT registration; a large cash deposit up front; and a price far below every other bid.

Tool 2 — Estimate Comparison Sheet

Bidder A Bidder B Bidder C
Carrier or broker
Survey performed (physical/virtual/none)
Estimate type (non-binding / binding / not-to-exceed)
Base amount
110% ceiling (non-binding only)
Shuttle disclosed? Cost?
Long carry / stair carry disclosed
Elevator, bulky article, appliance servicing
Storage-in-transit rate
Full value protection cost
Declared value minimum / deductible
Delivery window offered
Payment forms accepted
Cancellation and deposit refund terms

Decision rule. Prefer a binding not-to-exceed estimate from a carrier that performed a survey. Rate authority and classification provisions are governed by 49 U.S.C. § 13702 and 49 U.S.C. § 13704; ask for the tariff provision supporting any accessorial you do not understand.

Tool 3 — Valuation Election Record

VALUATION ELECTION — RETAIN WITH THE BILL OF LADING

Shipper: ______ Bill of lading no.: ______ Date: ______

I elect: ☐ Full Value Protection ☐ Released Value Protection ($0.60/lb per article) Declared value: $______ Deductible elected: $______ Additional charge: $______

I was offered a choice between two or more levels of liability, and I selected the level indicated above. ☐ yes ☐ no — carrier did not offer a choice

Shipper signature: ______ Carrier representative: ______

High-value inventory (articles over $100/lb) — attached and initialed: ☐ yes ☐ n/a

⚠ Why this record exists. A carrier's limitation of liability under 49 U.S.C. § 14706 binds only if the carrier gave a reasonable opportunity to choose among liability levels, obtained written agreement, and issued a conforming bill of lading. Documenting that no genuine choice was offered is how a $54 claim becomes a full-value claim.

Tool 4 — High-Value Inventory

Any article exceeding roughly $100 per pound reverts to released value unless listed.

# Item Description / serial Weight (lb) Value Proof attached Photo #
1 ☐
2 ☐
3 ☐

Usual omissions: jewelry, watches, art, rugs, coin and stamp collections, cameras, computers, musical instruments, antiques, firearms, wine, and sports equipment.

Proof to attach now, not later: purchase receipts, appraisals, insurance schedules, and dated photographs.

Tool 5 — Exception Code Decoder

Read these as the crew writes them. Challenge in writing, on the sheet, before signing.

Code Means Why it matters
PBO Packed by owner Shifts responsibility for interior damage to you
CU Condition unknown Undercuts proof of good order at origin — the quiet claim-killer
SD Scratched and dented Pre-documents damage that did not exist
M Marred Same
CH Chipped Same
G Gouged Same
R Rubbed Same
SO Soiled Same
BE Bent Same
W Badly worn Same
Z Cracked Same
MCU Mechanical condition unknown Applied to appliances and electronics

The counter. Dated photographs of the actual item, taken before loading. Where codes were applied indiscriminately across the whole inventory, that pattern is itself the argument.

Tool 6 — Delivery-Day Tender Script

Fill in the number before the truck arrives.

My lawful tender today is $__________. ☐ Non-binding estimate of $______ × 1.10 = $______ ☐ Binding estimate of $______ + additions agreed in writing before loading of $______

What to say, once, calmly:

"I have the signed estimate here. I am tendering $______, which is the lawful charge at delivery under 49 C.F.R. part 375. Withholding the shipment above that amount is a hostage load under 49 U.S.C. § 14915. I have filed a complaint — the number is ______. Please unload, and bill any balance you believe is owed; I will pay any lawful amount within thirty days."

Do: photograph the truck, plates, USDOT number, and paperwork · get the driver's name and the carrier's legal name · record consistent with your state's recording law · file the federal complaint while the truck is present · inspect and note visible damage on the delivery receipt.

Do not: pay the demand · physically block the truck · permit partial unloading pending payment · sign a blank document · let the shipment be removed to an undisclosed facility without demanding storage-in-transit at the carrier's expense.

Statutory backup, cited on the spot: 49 U.S.C. § 14915 (hostage loads) · 49 U.S.C. § 14905 (loading and unloading violations) · 49 U.S.C. § 14704 (private right of action) · 49 U.S.C. § 14707 (unregistered operators) · 49 U.S.C. § 14711 (state attorney general).

Tool 7 — Carmack Demand Letter

[Date] · [Carrier legal name, claims department] · Sent certified mail and email

Re: Claim for loss and damage — Bill of Lading No. ______, delivered [date]

1. Shipment. Shipper [name]; origin [address]; destination [address]; pickup [date]; delivery [date]; bill of lading no. ______; USDOT no. ______.

2. Liability is asserted under 49 U.S.C. § 14706.

3. Prima facie case. Under Missouri Pacific Railroad v. Elmore & Stahl, 377 U.S. 134, the shipper establishes liability by proving delivery to the carrier in good condition, arrival in damaged condition, and the amount of damages. Each element is established by the enclosed exhibits. The burden now rests with the carrier to prove both freedom from negligence and that the loss was caused by an act of God, the public enemy, the act of the shipper, public authority, or the inherent vice of the goods.

4. Itemization.

# Item Inventory tag Condition at origin Damage Replacement / repair Amount

Total claimed: $______

5. Valuation. The shipper elected [Full Value Protection / Released Value] as shown on the enclosed bill of lading. [If applicable: The carrier did not offer a reasonable opportunity to choose among liability levels and did not obtain written agreement to a limitation; any purported limitation is therefore ineffective and liability is for actual loss.]

6. Enclosures. Descriptive inventory · dated photographs before and after · purchase records and appraisals · independent repair estimates · bill of lading · weight tickets · estimate and order for service.

7. Response required. Written acknowledgment within 30 days and payment, declination, or a firm settlement offer within 120 days, per 49 C.F.R. part 370.

8. Additional demands. Please provide (a) the tariff provisions supporting each accessorial charge, per 49 U.S.C. § 13702; (b) the arbitration program disclosure required by 49 U.S.C. § 14708; and (c) a formal written disposition of this claim.

[Signature]

⚠ Obtain a written disallowance. The two-year-and-one-day suit period runs from disallowance, not delivery. An unresolved file leaves the deadline undefined and the carrier comfortable.

Tool 8 — Arbitration Election Letter

[Date] · [Carrier claims department]

Re: Election of neutral arbitration — Claim No. ______, Bill of Lading No. ______

The carrier is required by 49 U.S.C. § 14708 to offer shippers of household goods a neutral arbitration program for disputes concerning loss or damage and, within the statutory limits, disputed charges. The shipper hereby elects arbitration of the claim described above.

Please provide within ten days: (a) the name and contact information of the arbitration program administrator; (b) the program rules and the applicable monetary limits; (c) the fee schedule and allocation; (d) the filing forms; and (e) a copy of the arbitration disclosure the carrier contends was furnished before the shipment, with proof of delivery.

If the carrier contends that no program exists or that the shipper is ineligible, please state that position in writing with the basis.

[Signature]

Why this letter works. Either the carrier produces the program — which is fast, cheap, at the shipper's option, and binding on the carrier — or it cannot produce the pre-move disclosure, which is itself a violation supporting a claim under 49 U.S.C. § 14704.

Tool 9 — Limitation-of-Liability Attack Outline

Run this before arguing about the amount. A defective limitation converts a $54 claim into a full-value claim.

☐ Was there a tariff or rate schedule establishing the liability levels? Demand it. ☐ Was a genuine choice offered among two or more levels, with the price of each disclosed? ☐ Was the choice explained, or was the box pre-checked or initialed under time pressure at the door? ☐ Is there written agreement signed by the shipper — not merely a form in a packet? ☐ Does the bill of lading conform to the level actually selected? ☐ Was the high-value inventory form offered and explained, where extraordinary-value items were present? ☐ Was the required paperwork delivered — booklet, brochure, arbitration disclosure — as 49 C.F.R. part 375 requires? ☐ Was the estimate amended after loading in violation of the regulation? ☐ Did a broker hold itself out as the carrier, contrary to 49 C.F.R. part 371?

If two or more boxes fail, plead that the limitation is ineffective and liability is for actual loss under 49 U.S.C. § 14706.

And plead the regulatory violations separately under 49 U.S.C. § 14704 — those claims address conduct rather than cargo loss, and so are not displaced by the preemption of Adams Express Co. v. Croninger, 226 U.S. 491.

Tool 10 — Storage Lien Audit Grid

Obtain the operator's file and check every row. Each failure is a defect in the sale.

# Element Document to obtain Defect if Status
1 Written agreement disclosing the lien and sale remedy Rental agreement No disclosure; unconscionable limitation ☐
2 Statutory default period elapsed Ledger, payment history Enforcement premature ☐
3 Access denied only after default Gate logs, lockout record Lockout before default or before notice ☐
4 Pre-lien notice content The notice itself Missing amount, cure date, or property description ☐
5 Notice method Proof of mailing / delivery Method the act does not authorize ☐
6 Notice address Lease + address change records Sent to a superseded address ☐
7 Alternate contact notified Lease field + mailing proof Never notified ☐
8 Advertisement / public notice Tear sheet, listing Omitted; wrong publication; wrong dates ☐
9 Waiting period between notice and sale Both dates Sale held early ☐
10 Commercially reasonable sale Auction record, bidder list One bidder; no advertising; insider purchaser ☐
11 Lien computation Itemized statement Fees the act does not authorize ☐
12 Exempt property Inventory Statutorily exempt items sold ☐
13 Vehicle / watercraft process Title records Title-based process required and skipped ☐
14 Secured party notice UCC search Perfected secured party not notified ☐
15 Surplus accounting and tender Proceeds statement Surplus retained ☐

Before pleading anything constitutional, read this. Flagg Bros., Inc. v. Brooks, 436 U.S. 149, holds that a private lien sale under a permissive state statute is not state action — no due process claim, no 42 U.S.C. § 1983 action. That changes only where a state officer participates, Lugar v. Edmondson Oil Co., 457 U.S. 922, which is the line drawn across Sniadach v. Family Finance Corp., 395 U.S. 337, Fuentes v. Shevin, 407 U.S. 67, Mitchell v. W.T. Grant Co., 416 U.S. 600, and North Georgia Finishing v. Di-Chem, 419 U.S. 601, with Mathews v. Eldridge, 424 U.S. 319, supplying the balancing where due process does apply.

Plead instead: statutory conversion; violation of the storage act; breach of contract; and the state deceptive practices claim, which the act does not preempt and which 15 U.S.C. § 45 principles inform.

Tool 11 — Redemption and Protest Letter

Send the moment a sale notice arrives. Redeem first; argue second.

[Date] · [Facility name and manager] · Delivered in person and by email

Re: Unit ______ — redemption before sale scheduled for [date]

I am exercising the right to redeem the above unit before the scheduled sale by paying the lien amount in full. Enclosed is payment of $______ in the form the agreement requires.

Payment is tendered under protest as to the following charges, which I do not believe the [State] Self-Service Storage Facility Act authorizes:

Charge Amount Basis of objection
Lien processing fee $ Not authorized by the Act
Inventory fee $ Not authorized by the Act
Lock cutting / administrative $ Not authorized by the Act

Please confirm in writing today that (a) the sale is cancelled, (b) access is restored, and (c) the account is current.

Please also produce, within ten days: the rental agreement; the complete ledger; every notice sent with proof of mailing and the address used; the record of any notice to my designated alternate contact, [name]; the advertisement; and an itemized computation of the lien.

I reserve all rights as to the disputed charges and as to any defect in the lien procedure.

[Signature]

⚠ Why speed matters. Once goods are sold to a good faith purchaser they are unrecoverable, and the claim collapses to damages against an operator holding a limitation clause. Every hour before the auction is worth more than every remedy after it.

💡 If the arrears are small relative to the contents, the automatic stay of 11 U.S.C. § 362 halts a scheduled auction immediately on a bankruptcy filing, and a sale in violation of the stay exposes the operator to sanctions.

Tool 12 — Surplus Accounting Demand

Send after any completed sale. Almost no tenant does this.

[Date] · [Facility owner, legal department]

Re: Unit ______ — demand for accounting and tender of surplus

The contents of the above unit were sold on [date]. Under the [State] Self-Service Storage Facility Act, proceeds are applied to the lien and lawful costs of sale, and any surplus must be held for the former occupant.

Please provide within fifteen days: (1) gross sale proceeds; (2) an itemized lien amount by category and date incurred; (3) itemized costs of sale, including advertising; (4) the resulting surplus; (5) the identity of the purchaser and the bidder list; (6) copies of every notice with proof of mailing; and (7) the advertisement as published.

Please tender the surplus to the address below. If the operator contends there is none, provide the computation.

This demand is made without waiving any claim arising from defects in the lien procedure, including [list from Tool 10].

[Signature]

If a deficiency is asserted instead: third-party collection is subject to 15 U.S.C. § 1692, and reporting an extinguished or disputed debt to consumer reporting agencies is separately actionable.

Tool 13 — Document Retention Schedule

Document Keep for Why
Estimate, order for service, bill of lading 3 years past delivery The contract and the valuation election
Descriptive inventory with exception codes 3 years The evidence in every damage claim
Dated photographs and walkthrough video 3 years Proof of good order at origin
Weight tickets 3 years Charge disputes and reweigh rights
Claim correspondence and any disallowance 3 years past disallowance The suit clock runs from disallowance
Arbitration disclosure and program materials 3 years Election rights under § 14708
Storage rental agreement and all notices 4 years past termination Lien audit
Storage payment ledger and receipts 4 years Default date and lien computation
Address change confirmations permanently The single most common storage defect
Surplus accounting and correspondence 4 years Recovery of retained surplus

Tool 14 — Related Materials Index

If you need to Read
Understand the whole field the comprehensive guide
Explain it to a client or a friend who is moving the article
Work a live move or storage matter the checklist
Handle the insurance side Property Insurance Claims · Filing and Escalating a Property Insurance Claim
Sue for a modest amount Small Claims and Self-Representation · Filing, Trying, and Collecting a Small Claims Judgment · Justice Without a Lawyer
Understand the lien concept generally The Paper That Beats Everyone Else · Mechanics Liens and the Right to Get Paid
Deal with a possessory lien on a vehicle Towing, Impoundment, and Vehicle Repair · Towed at Two in the Morning · Getting a Towed Vehicle Back · The Towing, Impoundment, and Auto Repair Dispute Toolkit
Handle the collection fallout Consumer Credit Reporting and Debt Collection · Disputing a Credit Report Error
Deal with an arbitration clause The Clause You Clicked Past · Compelling, Resisting, or Preparing for Arbitration
Frame a deceptive practices claim Consumer Protection Law
Handle a tenancy angle Landlord and Tenant Law

Tool 15 — Authority Quick Reference

Jurisdiction and registration: 49 U.S.C. § 13102 · § 13501 · § 13506 · § 13901 · § 13906 Rates and consumer rules: § 13702 · § 13704 · 49 C.F.R. part 375 · part 371 · part 370 · part 386 · part 387 Cargo liability: 49 U.S.C. § 14706 · § 14705 · § 80109 · Adams Express Co. v. Croninger, 226 U.S. 491 · Missouri Pacific R.R. v. Elmore & Stahl, 377 U.S. 134 Remedies and enforcement: § 14704 · § 14707 · § 14708 · § 14711 · § 14905 · § 14915 · § 14103 · § 14104 · § 14710 · § 14501 Storage and state action: Flagg Bros., Inc. v. Brooks, 436 U.S. 149 · Lugar v. Edmondson Oil Co., 457 U.S. 922 · Sniadach, 395 U.S. 337 · Fuentes v. Shevin, 407 U.S. 67 · Mitchell v. W.T. Grant Co., 416 U.S. 600 · North Georgia Finishing v. Di-Chem, 419 U.S. 601 · Mathews v. Eldridge, 424 U.S. 319 · 42 U.S.C. § 1983 Collections and unfair practices: 15 U.S.C. § 1692 · 15 U.S.C. § 45 · 11 U.S.C. § 362

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