Can I file a suit against a business that ruined my laptop after I took it in for a simple repair?

Asked over 4 years ago - Temecula, CA

It has been more than two months after I took in my laptop for a simple repair. The business had said they were going to replace my laptop after they damaged it completely. They keep telling me the same thing everytime I go in to check what the status is- that they are still looking for a laptop to give me.

Attorney answers (3)

  1. Warren Alan Kirshenbaum

    Contributor Level 9

    1

    Best Answer
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    Answered . Try and talk to them once more, or send them a letter. If you are still not satisfied with their response, take them to Small Claims Court. It is a relatively simple processs, and is meant for disputes that are under a certain dollar threshold ($2,000 in Massachusetts. That will differ in your jurisdiction). Most likely, you will be able to resolve this dispute prior to, or on the day of the hearing in Small Claims Court.

    This is an answer to your question, based upon the facts stated. Please do not rely on this answer as legal advice. No attorney-client relationship is created in aanswering this question.

  2. Pamela Koslyn

    Contributor Level 20

    Answered . What does your repair contract say, does it require them to replace damaged goods in a certain time? If no time is specified, a reasonable time would be implied, and 2 months is long enough. Give them a deadline to replace or refund you the cost of your laptop (you can check eBay for current fair market value), and if they don't comply, a Small Claims suit makes sense. The Small Claims court maxmimum is $7,500.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

  3. Michael Bernard Rover

    Contributor Level 9

    Answered . Sue them in small claims court--up to $5,000 if one party is a business in California, $7,500 if both parties are individuals. Don't forget to seek all damages such as the cost of recovering and transferring data, etc.

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