Legal Question in Civil Litigation in Indiana

Suitability for small claims court

I bought a $2,000 dollar guitar which began to crack 1 week after purchase. The item was returned to the dealer who sent it back to the manufacturer for repair. I recieved the guitar back 3 months later with an unsatifactory repair (Crack repaired but highly visible). I filed a claim with the Better Business Buereu against the manufacturer. The response from them was that the guitar had been previously repaired (Not authorized by the manufacturer) The item carries a lifetime limited warranty for the original owner (which I am.)

It appears that the crack existed in the guitar prior to my purchase (full price), and that an attempt was made to repair the crack so the item could be sold by the dealer as a new guitar.

I have requested paperwork to file a small claim against the authorized dealer who sold the guitar. I am requesting a full refund or replacement of the guitar.

Is this appropriate for filing in small claims court?


Asked on 3/03/04, 4:48 pm

1 Answer from Attorneys
Eric Southward Southward & Haggard

Re: Suitability for small claims court

Yes, this is exactly something that small claims courts were designed to assist with. Worth only $2,000, the dollar value isn't high enough for most attorneys to want to take your case. Nor would you want to shell out $1000 to hire one either. So the small cost of the filing fee, you will get your day in court. Preapre for it like an attorney would. Have your arguements ready, your paper trail, contract, warranties, etc. Make extra copies to hand to the court. The company will have to hire an attorney and don't forget, that costs them money too. They may want to just make a deal (maybe not for the full $2000 though) just so they don't have to hire an attorney at $150 per hr either.

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Answered on 3/03/04, 8:24 pm


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