Wheaton, IL asked in Consumer Law and Contracts for Illinois

Q: What happens to my service warranty if the automotive repair company is out of business?

I had an engine rebuilt 5 months ago and the engine just went bad. The repair had a 1 year/10,000 mile warranty. I contacted the company, but was told they are permanently closed. Do I have any options? The company is an LLC, and is located in Illinois.

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1 Lawyer Answer
George W. Svoboda
George W. Svoboda
  • Wadsworth, IL
  • Licensed in Illinois

A: You may still have a claim against the company. You will need to find out if they filed their dissolution paperwork with the IL Secretary of State. You can search the cyberdriveillinois.com website for their status. You can also check to see if there is a bankruptcy filing. If there is, you can be a creditor in the bankruptcy. It is best if you get a judgement against them first. There is a 5 year statute of limitations in IL to sue an LLC after it is dissolved. If your claim is under $10,000, you can sue them for the cost of repairs in small claims court.

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