QUESTION

Would seeking reimbursement from a company for a product qualify as a civil suit?

Asked on Aug 31st, 2018 on Civil Litigation - Pennsylvania
More details to this question:
I purchased a bicycle for my son 12/01/17 from the now out-of-business Toys R Us website. The brand of the bike is Avigo, made my Kent International. About a month ago, he got a flat tire. I looked at several stores (Walmart and local bike shops), online at Amazon, eBay and via a Google search and tried calling Kent twice in search of a tube (it's an odd size with an extra long stem). The first time I called Kent, I was told call back in a week. The next week, I was told call back in a few days. I said that wasn't acceptable and asked for a refund on the bike. I was told to send them an email, which I did (I haven't heard back). I went to my local magistrate to get the paperwork to file a civil suit. They inquired as to the nature of my suit, so I briefly explained I purchased a not useless bike from a now defunct website and can't get the manufacturer to help resolve my issue. They suggested I get a lawyer's opinion before paying to file a civil suit. The amount is $102.37.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
If you seek reimbursement by writing a letter, that's not a civil suit.  If you seek to enforce your rights in court as you were doing, that is a civil suit.  I'm not sure if you asked, but I don't see the basis for any claim against Kent, unless the bike was defective, but getting a flat doesn't demontrate any defect. 
Answered on Sep 04th, 2018 at 9:12 AM

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