Reporting Kurtis Ming
A Wilton man said a Sears technician damaged his new floors. When he says a small claims court told him he couldn’t sue the company because their address was out of state, he called Kurtis.
We told you about this cancer survivor in March. We found a way for him to get his day in court.
“It was just sopping wet and it had caused the floor to buckle and warp,” said Michael Fischer.
Wanting to sue Sears over damage to his new floors during a dishwasher installation, he says a small claims court judge initially rejected the case because the address he provided for the company was in Illinois.
“It’s just been wall after wall after wall that I’ve run into and can’t get past,” said Michael.
He thought that meant he couldn’t sue at all.
But we learned he could. He just needed to find a California address, which is required for any company doing business in this state.
“You also have to check to make sure you know who the agent for service to process is because somebody has to receive the paperwork on behalf of the corporation,” said Dana Wallack, supervising attorney with the Sacramento County Small Claims Advisory Clinic.
Searching Sears on the Secretary of State’s business entity search, up popped a Los Angeles address for the company.
Michael used it and got his day in Sacramento County small claims court.
“These are the pictures I took of the damage,” Michael showed us.
And he proved his case. The judge awarding Michael $1,264.93 to cover the damage.
“It was great. The little guy finally beat the big guy, David against Goliath,” said Michael.
Sears had 30 days to appeal but just paid the judgment.
In most cases, you can now sue for up to $10,000 in California smalls claims court.