Small Claims - Contract not fulfilled

[kipper563]

Pennsylvania - I signed a contract to have shutters installed by a contractor who has a franchise business, we'll call ABC. We gave him a check(downpayment) paid to company ABC, in the amount of $851.00. Product delivery and installation never took place. The contracter is now avoiding our calls. I have been in touch with the parent company and they say they had troubles with him and have removed his franchise. My question is this. Beings we made a check out to the parent company, do we go to small claims court to sue Company ABC or the individual contracter ? What if we can not locate the contracter but have been in touch with the Main Company out in Califoria. Should they be responsibile for replacing our lost money and then sueing the contracter themselves ??

 

[JETX]

You will need to sue whoever your contract was with. And I assume that the payment was made to the same party that the contract is with.

As for the 'parent company' responsibility.... you might be able to argue that they were negligent in not controlling their franchisee, but without knowing what the franchise agreement was, it may not be a good argument to try to make in Small Claims court. Additionally, since they are out of your state, you would have to litigate in their location.

Depending on the full circumstances, you might appeal to the parent company to intercede as a 'good marketing' gesture.