Can "Small Claims Court" work?

[moose1]

I'm in the middle of a bad experience with Circuit City where they have definitely failed to honor their agreement. After studying everything I have, I think I'm on solid ground if I take it to court. In Illinois, we have something called Small Claims Court which allows one to take a case before a judge without paying high legal fees.

Am I wasting my time? Does anyone have experience with this kind of thing?

My objective is to make them repair or replace my TV, which is under warranty.

Failing that, I intend to make sure they spend more money defending themselves than the repair or replacement would have cost. And making public my experience to ensure that as many people as possible don't shop there again.

I've started by filing a detailed complaint with the Illinois Attorney General - Consumer Fraud office.

What should I do next?

[Triple_B]

It would be beneficial for you to explain the situation here, so that we can give you better advice

Have you attempted to contact the manufacturer of the TV for resolution?

[RobRich]

I have no real clue regarding Circuit City contracts (never purchased a service agreement there), but you need to closely read the agreement in question before proceeding. Some purchase agreements have legal exclusions or limitations. Some even mandate that disputes must be settled through arbitration, not through the standard court system.

Anyway, small claims court can be a good way to collect damages while keeping costs low. The burden of proof requirement is considerably lower in small claims court, though the trade off is that you must feel confident enough to represent yourself and your claim. If you go to small claims court, you stand a chance of a large retailer not showing up (ideal for you), or you could face off against a store manager, or even a retained corporate lawyer. It is kind of like a random draw. Your results can and likely will vary accordingly.

By the way, the above comments are entirely personal and in no way reflect the thoughts and opinions of ResellerRatings.

Robert Richmond

[falken]

I think lawyer fees would add up too quickly. I wouldn't do it with any thought of getting money in mind. Only if you want to feel some justification...

[caro1ine]

In the UK the small claims system is very good. I can't comment on the USA system as I have no experience of it. Just remember to organise yourself properly stating exactly what you are claiming for and take along all supporting documentation to exhibit. Keep things simple, concise and as clear as you can.