Legal Question in Consumer Law in California
Item made in California
Item made in California, damages truck.
Item was installed correctly, but designed wrong.
It melted the plastic cladding where the exhaust comes out.
Do I file with the BBB, or Go to small claims court in New Jersey?
3 Answers from Attorneys
Re: Item made in California
I would also recommend trying to work through the manufacturer to get a resolution. You may also check out the California Consumer Affairs website to see if there are multiple complaints against the company for the product.
As far as small claims goes, you can certainly file in NJ and you may get a judgment against the manufacturer, but the problem is collecting it if the company does not have any assets in NJ. Filing a lawsuit against them boils down to the amount of money at stake, you do not want to throw good money after bad.
Good luck.
Re: Item made in California
I am assuming you bought the part from a mail order place in California?
If so, have you tried contacting that supplier? Perhaps they would be willing to offer you some sort of compensation.
I also suggest contacting the manufacturer, perhaps this is a problem they are aware of.
What is the value of your damages?
There is a small claims limit in N.J. $3000.00 and less.
Regards,
Re: Item made in California
It depends. If you are looking to recover monetary damages, then small claims court would be the proper forum for your suit, depending on the monetary value of your claim. If you are only interested in placing "negative marks" on their BBB report, the a BBB report would do the "trick", even though the BBB cannot award you damages. You may also want to consider filing your suit in California, as the recovery amount as of 2006 will be $7500, rather than $3000 in NJ small claims court. If you would like further assistance, contact us directly.
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