They need to have a PRESENCE in your state. Not just ordering parts and having them delivered or going down to Autozone.
Dude, all anyone has said is it is fruitless to try and do what you say is a simple matter. Trying to recoup $2k from an international company is not as simple as going down to your local courthouse and filing a $65 claim. If anyone is downplaying things, it is you.
That is not correct.
Dude, I never once said it was simple. It’s not. And in many cases it would be fruitless, but to say that you can’t do it is not true.
I think this thread has run its course, and am going to bow out now.
Based on?
Here’s a dose of reality for you- Suing Out-of-State Defendants in Small Claims Court | Nolo
You can google the venue rule for small claims- maybe should have done that. Here’s a convenient example, I highlighted it for you in just in case…
Small claims courts are local courts designated to serve a particular county. This makes sense because usually the dollar amounts allowed in small claims cases aren’t large enough to justify people traveling great distances to go to court, and normally, your dispute will be with a person or business located nearby.
Everybody’s Guide to Small Claims Court
Represent Yourself in Court
You’ll follow the venue rule when deciding which small claims court to file your case in. In most states, you can sue in the county in which:
- the defendant lives
- where the incident occurred (verify that your state allows this option), or
- if a business is involved, where its main place of business is located
Yes, you should probably bow out before more exposure…
FFS do your own googling.
Oh wait, you did, but you didn’t bother to read what you found. From your link:
Most large national businesses can be sued in any state
And
In addition, you can bring suit against any business–whether incorporated or not–if one of the following conditions is true:
the business was responsible for injuring you or damaging your property in your state and you can find a way to serve your court papers on the business in your state
And
the business does regular business in your state by selling products or services, employing a sales rep who calls on you personally or by phone to solicit business, sending you a catalog to solicit your business, or placing advertising in your state’s media.
@cdaquila The thread has definitely run its course and should probably be closed at this point.
Not wading into the legal arguments going on here, but one thing I didn’t see mentioned…this seems to be a rather expensive “trust but verify” lesson learned. How did you verify that the warranty replacement radiator didn’t have the same defect? Hopefully the answer is not “we didn’t”…whatever procedure was used for that check, it probably should’ve been done the first time around, too.
There are lots of repair resources that stress the importance of comparing old vs. new parts. But I think it’s also equally important to test the new part, by whatever means possible, before it has the potential to do damage. As others have said, a surprising amount of new parts have defects, even from the most reputable manufacturers, so you should always test them before install.
With that said, I’m sorry for the difficulty that you’re having OP, I hope you end up finding a path for recourse.