Can I takea company to small claims court?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I takea company to small claims court?
My laptop is less than 1 year old; the warranty is up on 12/16/10. In August I began having a power issue with my laptop and sent it in to be repaired. They claimed that it was, but I have sent it in twice more for the exact same issue, both times they said there was nothing wrong with it and sent it back to me. I feel that it is reasonable for them to fix the issue and give me an extended warranty for that issue (because it is recurring), and if they cannot fix it, to replace the product. I spoke with several different case managers and they said they could not do anything for me.
Asked on November 30, 2010 under General Practice, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
1) You can sue a company in small claims court.
2) If you go to court, the issue is not what you think is reasonable, but rather what legal obligations the company might have. For example, if there is a warranty, as you indicate, it's terms must be honored; that is, the company, must do no less than what it promised in the warranty--but it also does not have to do any more. Warranties are contracts, and a party's obligation is to honor its terms.
Or you feel that you were defrauded, by being sold a laptop that was actually damaged or reconditioned rather than new as you were told, that would provide grounds to recover. Or if you believe that the laptop is so deficient that you effectively did not get what you paid for (a working laptop), you may have grounds. But if the problem is just that it doesn't work as well as you'd hoped or like--e.g. it's battery doesn't last as long as it should--that would probably not provide grounds to recovery, unless and only to the extent that it's covered by the warranty.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.