I am going to small claims court today against a floor company that did not follow the products installation guidelines and made the 20 year warrenty null. What can I expect?
2006-08-09 03:54:37 · 7 answers · asked by weeksteachschool 1 in Politics & Government ➔ Law & Ethics
Make sure you have all your paperwork with you when you appear for court (bring everything), especially their installation guideline that they did not follow. It would help you a great deal if you have pictures proving that too. If you can show the judge clearly that they breached the contract by what they did, then I don't see any reason why you wouldn't win this one.
2006-08-09 04:04:16 · answer #1 · answered by TY 5 · 0⤊ 0⤋
As with any small claims, If you go prepared you should do well. As long as you can prove they did a poor install and that it was that install that voided the warrenty you will be OK. I went throught the same type of thing a couple of months ago, luckily the company came back to fix it without any trouble, they new they messed up and fixed it, not many people do that anymore. Anyway. good luck, hope things work out for ya.
2006-08-09 11:00:11 · answer #2 · answered by yetti 5 · 0⤊ 0⤋
It's always best to visit court a week in advance to learn the ropes.
In some places (NYC comes to mind) you will be asked whether you will consent to arbitration (usually by a volunteer) or require judgment by the court. Only if the case involves complex legal issues does it matter, but many lawyers (who in NYS have to be hired by any corporation sued) prefer a real judge.
You need to prove your case by the preponderance of the evidence. If there are legal principles involved, you need to refer to the law and the case law. The judge or arbitrator will know any statutes but might not know cases, and isn't going to research them.
(Neither am I, when I don't know the facts or the name of the jurisdiction.)
I once had a claim against a flooring company (I didn't know it then, but it was going out of business). I refused to pay their bill on the grounds that the Amtico tiles had been improperly installed. But I told them that if they arranged for an Amtico expert from the company (or elsewhere) to visit and if he said that it was, on the contrary, properly installed I would pay for the job on the spot. They never came.
A few years later when we put in a new kitchen we replaced the flooring.
2006-08-09 11:02:41 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Bring ALL your paperwork, especially the warrenty paperwork! Bring pictures of the floor, know who specifically installed the floor (their names), and have documantation of who you have talked to, when, and what about. Be able to show what it would be to replace this floor should anything happen to it. It is better to be over prepared than not prepared enough!
2006-08-09 10:59:54 · answer #4 · answered by Flower Girl 6 · 0⤊ 0⤋
First have all your evidence with you. Pictures, signed documents canceled checks don't be without anything. Speak professionally make eye contact Good Luck..................
2006-08-09 11:00:41 · answer #5 · answered by marqueefamily 3 · 0⤊ 0⤋
You might win your case. If it was improperly installed and they messed it up they will be liable
2006-08-09 10:58:48 · answer #6 · answered by Anonymous · 0⤊ 0⤋
to win .think positive
2006-08-09 11:17:02 · answer #7 · answered by idontkno 7 · 0⤊ 0⤋