Should I pursue a Small Claim?

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Should I pursue a Small Claim?

Our home warranty company is refusing to accept our claim for a new heater/heater
repair. Because our gas was turned off during the time of inspection and
appraisal, we have no way to ‘prove’ our heater was working during the time of
the contract. Should I pursue small claims to get them to fix it?

Asked on February 8, 2018 under Real Estate Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) If you can't prove it was working at the time of the contract, there is a good chance you would lose the case: as the party suing (plaintiff), the burden of proof is on you to prove in court that the device was working and they should therefore pay for it. 
2) If the warranty company is not located in your county, you will most likely have to sue in "regular" county court (small claims court is typically only for local cases), increasing the cost of the suit, the complexity (and therefore making it more difficult for a non-lawyer) and how long it will take (months to over a year).


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