I was moved from New York to New jersey in April 2014. The mover damaged my goods and I settled that without his cooperation. Now I found out that he does not have an ACTIVE DOT number and could only charge me 110% of the original estimate.
He did not respond to this claim. The DOT rule is Federal but Federal court only take cases of $75,000+
Can I go to New Jersey and sue the DOT Agent that represents New Jersey? This is a FEDERAL regualtion. Will the Small Claims court say they have NO JURUDICTION??
Answer
The $75,000 minimum amount applies only when federal jurisdiction is based on diversity of citizenship. The federal courts have jurisdiction to hear all cases in which a substantial question of federal law is involved. However, the plaintiff must exhaust its administrative remedies first. So, before you bring a suit in federal court, you or your lawyer should ensure that the DOT has not established a process of handling complaints for violation of that particular regulation. If it has, you should try that route first. In addition, the state courts will also hear cases involving violation of federal statutes and regulations especially if they are brought with another claim cognizable under state law such as breach of contract or consumer fraud.
See also: http://info.corbettlaw.net/lawguru.htm
Answer
In NJ, we have the Entire Controversy Doctrine, which means you MUST bring all possible claims in the same suit. If you settled with the mover, you may be barred from further suit, especially if it against him, and I doubt there is a private cause of action available, for the violation of a DOT regulation or filing, or registration. If you have an issue with him having a DOT number, your proper course would probably just be to file a complaint about him.
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