Legal Question in Consumer Law in California

I purchased a bicycle in June of 2011 and the wrong size was delivered. Since then every year after the manufacturer�s production run, the seller has had excuses for why they couldn�t get me the correct size. Since March, the seller has stopped responding to my emails/calls. The cost of the bicycle was $1900. I have a letter stating that after the production run in February 2012 I would be shipped the correct size bicycle.

Do I file a suit in LA County where I live now? Or in Cook County (Chicago) where I lived when I purchased the bicycle? Or in Teton County (Jackson) where the distributer is based?

Can I include legal costs in the suit? Obviously if the legal and court cost are greater than the cost of the bike it doesn't make much sense to file a suit.


Asked on 8/31/15, 10:07 am

1 Answer from Attorneys
Nicholas Spirtos Law Offices of Nicholas B. Spirtos

The place you purchased the bicycle or the place where the distributor is based would be, most likely, the proper place to bring suit. L.A. is probably the least proper of all three locations. Whether you can get fees and costs will depend on the laws of the jurisdiction that you end up filing the lawsuit. In CA, you would probably not be able to recover fees, but could recover costs. A small claims lawsuit would be relatively inexpensive. I don't know what the rules are in the other venues.

You should act quickly, since time may be running out.

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Answered on 9/01/15, 7:52 am


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