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I am considering taking a Business to small claims court. I…

I am considering taking...

I am considering taking a Business to small claims court. I purchased a pool table from them and after 3 months of failing to deliver my table with many lies about production, delivery, etc. they delivered the incorrect table. I have a document from the company in writing and signed that if my table was not delivered by 3-16 that i would be refunded and could keep another free table. They did deliver a table on 3-16, but again it was the wrong table. Is this something I should take to court?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Kansas

Lawyer's Assistant: What steps have you taken so far?

Informed him i was considering taking him to small claims court

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just curious if i have a solid case or if i need to hire lawyer for small claims court

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Answered in 1 minute by:
3/20/2018
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 38,823
Experience: 30 years experience representing clients.
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Customer reply replied 4 months ago
ok, thanks.

This sounds like a classic breach of contract. They delivered a table, but not the one promised in the contract.

If the claim does not exceed $4000, you can sue in small claims court. Small claims court is designed to be a "user friendly", simplified process, so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.

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Customer reply replied 4 months ago
Not sure if this would be over $4,000. They would owe me refund of $2700 plus a free table valued at around the same amount or probably more if they use full retail amount.Does that mean I need to take different approach?

If the claim exceeds $4000 then you would either need to waive the excees damage or bring the action in the regular courts.

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Customer reply replied 4 months ago
Would the $2,700 refund count since I already paid that? So total would be $2,700 plus the table, which would be over the $4,000

Yes, if that was the agreement.

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Customer reply replied 4 months ago
ok, thanks. So i guess i need to go to regular court if i want refund and free table.

Correct.

You are very welcome.

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Loren

Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 38,823
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