QUESTION
I'm having a dispute with a home warranty co with a N.J address' can I sue them in a small claims court in Fayetteville, NC
Asked on Mar 05th, 2019 on Breach of Contract - North Carolina
More details to this question:
They denied a claim to replace my heating system due to corrosion. the HVC contractor they sent out stated the failure of the heat exchanger was due to normal wear and tear. as I needed heat I hired another HVC contractor to replace the unit. He confirmed the failure to be due to normal wear and tear. The home warranty offered me $200.00 to settle the claim which I declined(Replacement of the unit cost $5100.00. What recourse do I have?
1 ANSWER
Although it seems likely that No would have jurisdiction over the warranty co., since it contracted to cover equipment located in MC, you may not be able to sue in small claims court. Many small claims courts are only set up to have jurisdiction over locals. You should contact the clerk of your local small claims court to check. Also your contract with the warranty company may contain a choice of forum which limits where you can sue, or an arbitration clause requiring all disputes be arbitrated. If there is no contractual provision to the contrary, you can sue in a state court of general jurisdiction.
Answered on Mar 05th, 2019 at 4:35 PM