Should I pursue a Small Claim?

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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).

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 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.

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