Legal Question in Credit and Debt Law in Massachusetts

Where to file
My friend in Massachusetts bought a new refrigerator. In the process of delivery, the smoke alarm inside her condo unit was damaged. The delivery service was contracted by the major company from which she purchased it. The condo association has billed her for $709 to cover the new smoke alarm and installation, the testing of the new alarm by the alarm service, and the locksmith service to access her apartment. She has been trying for two years to get the Company to pay for this. They will not reply or respond to phone calls � a pattern well documented on the internet.

She wants to take them to Small claims court. The customer service department is located in New Hampshire. Massachusetts has told her she has to get someone from the company in Massachusetts. The only person she could get is the Manager who really has nothing to do with this problem.

Can/Should she file in Massachusetts or New Hampshire? (I am posting this under both States as the laws may differ and I am trying to get the best insight into the problem.)

Thank you for any insight given.

Asked on 7/15/09, 8:42 am

2 Answers from Attorneys

Warren Wood Law Offices of Warren Wood

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Re: Where to file

This matter may possibly be addressed in small claims in either state. Massachusetts General Laws c 93A allows you to address this matter as a consumer protection claim. Read the law on line. Visit the Attorney Generals web site (consumer protection) for both states. Decide your course of action and proceed. Good luck!

This Office specializes in certain consumer claims. Initial consultations are always free.

Answered on 7/15/09, 8:56 am

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