Q: Should I file a small class action suit or replevin? Am I entitled to any additional damages?
I paid an ac co. $6000 for a system and install. They installed everything excepts ducts then refused saying there were spiders in crawlspace. They said they would take everything, keeping $1000 for their time. I told them I now owned the equipment and not to take it unless I got a full refund. They came early in the morning, cut all the lines, taking everything. They texted me a check was in the mail. I got an email today stating they were sending $5000 of my $6000 back. Since any labor they did was null after taking everything and they took the equipment I dont see why I should be charged anything as well as I paid in full so the removed equipment was mine. If they send the $5000 should I sue for the difference. Do I need to file replevlen first? Am I entitled to any other damages as this has cost 2 months and will cost more to start over?
If you sue them for the $1,000 they are trying to keep, replevin would not make any sense, you would not be out they money you paid them. You might want to talk to an attorney to see if any "other damages" would be practical.
A class action suit would probably not work. It's complicated, so I suspect that judges probably wouldn't certify a class action by a pro-se plaintiff.
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