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Filing Suit

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What is the name of your state? Pa.

A worldwide distributor of heating and airconditioning equipment has their own named brand but also owns another company that uses the same products with a differant brand name.
So if I file suit for lack of performance on the equipment and dissatisfaction on lack of any progress to repair my air conditioning; just who do I named in the suit? Is it the company whose brand name I bought or is it the company that owns this other brand name?
 


SHORTY LONG

Senior Member
Respectfully, it would be wise on your part to consult with a Private Attorney. This can easily be summarily
dismissed by the Court if you make one scintilla of a mistake.
 
I intend to consult with one and to find out some do's and don'ts if filing suit in small claims court with or without an attorney. The amount being asked would be about $6,000.00 and at this point, I don't know what the attorneys fees would be if I did.
 

dcatz

Senior Member
Would you please re-state? I haven't followed your problems, but do you own products from the parent company or the subsidiary and is it a wholly-owned subsidiary? Because I read this as you owning products from the "worldwide distributor of heating and airconditioning equipment" and, if so, I don't see why any subs or affiliates would come into the picture. If it's the converse, is the "other company" a separate corporation or a division or what?
 
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All I know at this point is that brand name I bought, is owned by the parent company which promotes their own brand name. The equipment that each sells is identical. Other then that, I don't know the legal status of their relationship.
 
I will probally consult with the attorney as to the best course to take in the suit.
I believe that going against a worldwide company is above my head and most likely will need an atorney to represent me.
 

dcatz

Senior Member
OP - Now I have read your other thread and have just a couple of questions as food for thought as you proceed.

Have you suffered $6,000 in damages in this matter?

Is your case so strong that your certainty of prevailing warrants the significant expenditure for counsel?

Are there any limitations or caps on your right to recover attorneys' fees in Small Claims, if you do prevail?

Have you paid for the services which have left you so dissatisfied? (Just wondering if your defendant has grounds for a counter-suit to move the case to a higher court, where it could really get expensive.)
 
The answer for the first question is not yet. but the equipment has a lifetime of 15 to 20 years and if I put up with a lack of performance in all that time; then whats that worth? I paid $5300.00. The other questions will be referred to the attorney.
If I could only get some cooperation from both the installer and the factory representative, I would not have to consider filing a suit.
 

dcatz

Senior Member
I'm sorry that you do have to consider it. I assume you tried going higher up the ladder to the President and/or VP of Sales/Marketing and/or Legal Dept. - a source able to take a broader view of the situation(?).

In my neck of the woods, attorneys aren't permitted in Small Claims, and it would be very hard to cost-justify this in a higher forum. If one were inclined, it wouldn't be difficult to necessitate the expenditure of a large portion of the amount at issue in discovery alone.
 
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I'll check the companys website of a way to contact direct to VP of Sales/Marketing. I may have overlooked it. I doubt that my complaint even reached his desk. My complaint went to the regional manager and I think he is aggreeing with the installing dealer. But the facts of the matter are on my side as the equipment is not performing as stated in the brochures.
 

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