My question is, how can I get my belongings and my money back from a
scam moving company.

I am looking for good, wise, sound and practical advice and
suggestions, which come from some knowledge or experience.  Maybe you
can point me in a new direction that I have missed and/or show me how
to fix this problem.  I am open to any suggestions and advice.

The facts are these:  In August 2004 (yes, they have been holding me
hostage since then) I moved for work from New Orleans to Honolulu.  I
hired a local moving company named ?Security Van Lines? which is owned
by ?Johnson Storage & Moving? with headquarters in Colorado, which
promised to pack all my belongings into a shipping container and ship
the container promptly to Honolulu.

Well, they picked up all my furniture, dishes, stereo, etc, charged my
credit card $1,757.00, and that?s the last I ever saw of my
belongings.  They never shipped my belongings, but apparently parked
everything in their location in Kenner LA, just outside New Orleans. 
They are now ?Holding my Household Goods Hostage".

During all this time, they have refused to ship as per the written
contract, and instead demanded thousands of dollars in storage fees. 
They have refused to let me (or my friends) see my belongings, and
demanded I sign a release (which I did not).  They generally do not
return my letters, emails or faxes, and refuse to return my phone
calls.  When they do respond, their lies and misrepresentations are
obvious.

For example, now they sent me a notice stating my belongings are
?presumed to be abandoned?, and that ?Johnson Storage and Moving Co.
is proceeding under the assumption that you intend to abandon your
property in our warehouse.?  They state they are going to auction off
my belongings on May 6, 2006 at 11 AM, at 100 West Airline Highway,
Kenner LA.  They said if I don?t sign a form GIVING all my belongings
to them, they may hold me ?liable for any deficiency?.  This is
ludicrous.

It is obvious they are breaking the law, and they don?t care.  I have
learned that their ?Director of Legal Operations?, according to the
Colorado Supreme Court, is a disbarred lawyer, for ?conduct involving
dishonesty, fraud, deceit or misrepresentation? and ?serious criminal
conduct? re felony drugs.  And continuing to practice law after
suspended.  He has done time in jail.  With a ?Director of Legal
Operations? like that, what can you expect from this company?

I have tried the usual:  Police (?civil matter?), BBB (no apparent
response), Louisiana Public Service Commission (no apparent response),
Louisiana AG (no apparent response), local Louisiana politicians (no
apparent response).  Obviously, I can?t sue them from thousands of
miles away, and they know that.

I am aware of, for example, the federal ?Household Goods Mover
Oversight Enforcement and Reform Act of 2005? for household goods
consumer protection, to address the growing problem of rogue movers
who rip off unsuspecting consumers moving from one state to another. 
This provides for state enforcement of interstate moves, license
suspension, plus penalties for Hostage Goods of ?not less than
$10,000? per day, if you can get someone to enforce the law.

Johnson Moving & Storage (aka Security Van Lines) is a big company
with about $40 million in annual revenues.  They can easily afford to
pay $10,000 per day in fines for Hostage Household Goods, if assessed.
 I understand they are selling off other people?s belongings too.

So my question is, how can I get my belongings and my money back from
this scam moving company, with apparently deep pockets.  I am trying
to do the right thing, and I am sure there is an answer to this
problem.

I am sure the wise and experienced question answerers in this forum
can give me some good directions and sophisticated experienced advice
on what to do with this scam company, to protect the public, and get
my belongings and money back.

Thank you

You can sue them from Hawaii.  Call an attorney in the New Orleans
area, fax or fedex what he needs from you, allow him to act on your
behalf.  It might be a good idea to find out what damage was sustained
by the storage facility during the hurricane and flooding, parts of
Kenner were 6 feet under.  You should do this quickly so the attorney
can stop the sale pending the rest of the legal action.

Hi onenonblonde-ga
Thanks for the thought.  You raise interesting issues.  The company
has refused to disclose the condition of my belongings, though it
seems they were in an area of Kenner near the Airport that did not get
serious flooding. So maybe they are all right.  They also refused to
give me the insurance forms required to file a claim agains them.

Suing from Hawaii seems to require serious money in legal fees,
possibly many thousands of dollars.  I would probably have to take
time off from work, fly to New Orleans one or more times at additional
cost to testify in one or more hearings ... and then the moving
company can always appeal ...

The moving company seems to be doing things like this to other people,
and with revenues of about $40M per year, has deeper pockets than me,
which they know ...

Thanks again for your thoughts, I appreciate your suggestions

Dude, you sound like you want the furniture fairy to deliver your
stuff and a big fat check because you waited so long.  I can guarantee
you that this will not happen.

You are going to have to spend some money in order to get it.  This
may or may not be reimbursed depending on the facts of the case.  The
attorney can give you an idea of what your costs will be and the
likelyhood of being awarded damages or legal fees.

Call an attorney in New Orleans and get the sale of your furniture
stopped.  This can be handled over the phone, you don't have to
appear, it's not a trial, the judge just signs an order saying that
they can't sell your stuff until the dispute is resolved, and it is
presented to the Moving Company either by a process server or by
registered mail.  Hourly charge to the attorney for preparation of the
document and filing it plus the charge for delivery.  It will be a
part of your claim of a dispute.  A court date will be set for some
time in the future.  Then you see what happens.  Best case, nothing
happens until you go to court, you may have to appear for that day,
and the judge decides.  Worst case, the moving company files millions
of requests and keeps getting the court day delayed.  You don't have
to go until you are going to see the judge.  If it is that much of a
hardship for you to travel, the attorney can get your deposition done
at a Hawaii attorneys office and have it sent to him, however since
you are making the claim, your attorney will probably recommend that
you show up and "look taken advantage of".

Scams like this thrive on people having the same attitude you do. 
There's nothing I can do, if I whine loud enough maybe the furniture
fairy will save me yada yada yada.  The last thing they want is a
legal precident against them, because they will subsequently live in
court.  They could just as likely call your attorney and offer to
settle if he is asks for the 10K fine to be enforced for the last 2
years.

I guarantee you, If you do nothing, nothing will happen.  If you let
them sell your stuff, thinking you can get a check, odds are that will
fail too.  The first question asked will be: Why didn't you do
something when you were notified of the sale?  If you don't have a
good answer to this question, you have put your attorney behind an 8
ball as far as recovery of your property.  Don't make this harder (and
more expensive) than it already is.

As to the condition of your belongings; have a friend drive by the
property.  Is there a water line 6 feet up the building? Odds are your
stuff got soaked.  Speak to a neighboring business, Any deep water
next door?  There are ways to find out if it's reasonable to believe
that your stuff survived the hurricane.

Get up Monday at 4am.  You are still on free nights and weekends, but
NoLa is up for business.  Make a few calls and get something going.