Small claims court question

Think I'll win?

  • Have a good case

    Votes: 2 66.7%

  • Will probebly lose

    Votes: 1 33.3%
  • Total voters
    3
J

jrlvnv

Ok, I bought a new A/C for my house in august of 06. Unit has a 10 year parts and labor warranty on it with proof of a proposal. My unit needs to be maintained once in spring and once in fall. The fall one can be done by myself. I called for the spring and the company I bought it from says they don't touch the machine anymore call the manufacture to find out who services them in L.V.

I did and said call xxx. They came over and the tech said 2 pumps are broken. I'll get back to you with a price. Told him I have 10 years blah blah. He said call his company and explain. I did and told me to call the manufacture. They told me since I never registered my product within 30 days after purchase that they can't warranty it. They then told me to pay for the repair and sign a new service agreement with the company that will fix it and then they will be able to honor the warranty from then on.

Hmmm that didn't sit well with me. Why bother with a warranty at all? So I believe I need to pay for the repair and since I need A/C then take the manufacture to small claims court.

So my ? is.... The company is in Texas and I live in las vegas. So I go to las vegas court house fill out a paper. How do they get summoned? If I do lose case do I need to pay their travel expense? I never been to court so not really sure how it works so I would like a bit of info if someone can help. Thanks for any replies
 
Quote from jrlvnv:

"So my ? is.... The company is in Texas and I live in las vegas. So I go to las vegas court house fill out a paper. How do they get summoned? "

That happens as a result of your court paperwork

"If I do lose case do I need to pay their travel expense? "

No

Remember, winning does not mean you will get paid. If they are out of state, you may have to pursue getting the $$$ even if you win. That is the downside of suing someone, especially from out of state
More...
 
As long as you have proof of the date of purchase, you should be ok, but you probably have to go to Texas. The company figures it's not worth it to you, so they are blowing you off.
 
Before you do anything else, you need to read your actual warranty very closely. It will likely say where they can be sued and what they are liable for. It may even mandate arbitration and require loser to pay expenses of prevailing party. It can be complicated because every state has different rules on what they will allow manufacturers to get away with, so some of their limitation smay not be valid. My suggestion would be to call your state department of consumer protection, the Federal Trade commission, whihc has rules on consumer warranties and maybe your local TV station's consumer advocate.
 
Call the original installer and the orignial co you purchased it from and ask them if you need to contact the attorney generals office or what you need to do to get this fixed. If this does not motivate them then contact the attorney generals office.


Re, the fact you did not register. mfgs should warranty the product 6 months after ship date without proof of purchase. This should be the case here.

Small claims court is a joke. You'll do all the work, they won't show up, bingo you win --- nothing.
 
Go to www.law.justia.com
Once you are there, search Magnuson-Moss Warranty Act. Pay particular attention to section 700.4. Parties "actually making" a written warranty. The company in Nevada might be on the hook under this provision.
 
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