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How to File a Claim Against Choice Home Warranty

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If you had a problem with Choice Home Warranty and you can’t seem to get them to listen, you have options. We’ve all had problems now and again with a service provider where there’s an account error, maybe they overcharged you, maybe their sales tactics were misleading or they forgot to apply what should have been a promotional credit to your account.

This can be very frustrating when the service is something you rely upon like security for your loved ones or when you have to pay for the issue out-of-pocket regardless of who was at fault in order to keep your service going. Now you’re wondering how to sue Choice Home Warranty. We can help.

Choice Home Warranty Customer Service

First, you have to try and resolve the issue with them. You can’t just check your account and see a problem, then go straight to court. Contact your Choice Home Warranty representative or contact Choice Home Warranty through their website.


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But that doesn’t mean the issue is fixed. You can still be sent in circles without an end.

So what is the next step, now that the company won’t solve the problem for you?

Now you go to small claims court.

Arbitration Clauses

Why is small claims court the next option? Because your contract with the company likely limits your ability to exercise other legal options. Arbitration clauses in your contract prohibit you from filing class action lawsuits or joining any. But, you can still use small claims court or consumer arbitration.

Does your case qualify for small claims court?

Make sure your case qualifies for small claims court. If you are ready to sue the company in small claims court you have to make sure that your claim can legitimately be filed. There are two things that you need to pay attention to.

The first is the amount of money.

Every small claims court has a maximum dollar amount that you can bring as well as a minimum amount. Given the company it’s very likely that you won’t exceed the maximum which in most States is between $5,000 and $10,000 but in some States can be as low as $2,500. But if your issue is only for a few hundred dollars, it might be too small.

The second is the type of relief you want.

A small claims court will only provide you with one type of award in your lawsuit, monetary. Monetary refers to a dollar value payment. The other type of award is an equitable, anything that’s not money. Most small claims courts cannot enforce anything–but monetary Awards.

If your claim doesn’t fall within the limits of a small claims court you can still choose consumer arbitration and we can help you with that.

How to sue Choice Home Warranty in small claims court

If your case does qualify you have to start by sending a demand letter. Almost all small claims courts require that you ask the company in person, politely, to fix the problem just one more time. Remember that every time you sue a company in court it ends up costing the state a lot of money so they want the company to settle outside of Court as well, if possible. In this demand letter you have to ask the person you are suing to fix the problem voluntarily before you file anything in court.

What do you put in the demand letter?

This is pretty simple. The letter has to be straightforward and it doesn’t have to be over the top, just a few sentences will do. Explain who you are, include your name, address, phone number, and account number, what the issue is, and what you want from them. That’s it. When you’re done you have to mail a hard copy of that letter preferably with some form of mail service that allows you to confirm delivery to the official address:

Choice Home Warranty

2147 Route 27 South
4th Floor
Edison, NJ 08817

*Note: The address you should use will be listed in your individual agreement.*

If they don’t respond to this demand letter or they don’t give you a suitable response, then you move forward.

Court Forms

Then you have to fill out the court forms. Every state, and every county is different when it comes to required forms. So check with your state court website to make sure that you have all the forms and have filled them out properly. Also verify how many copies you will need. Every state is different but if you go to the courthouse with just one copy when they require 3, you will be kindly asked to return another day when you have the correct amount. To avoid unnecessary trips to the courthouse, make sure you have the right number of copies the first time.

Filing

File your complaint with the court. With the right number of copies, you officially file the paperwork with the court. Many courts require you to come to the courthouse physically during specified hours and days of the week. You have to hand-deliver the forms to the county clerk. There are very few courts that will allow you to send it by mail or by fax.

Every Court requires you to pay a small claims court fee before you can sue. This fee amount should be published on your court website.

Once you pay the fee and you file the forms, the county clerk will give you a stamped copy of your forms which makes them official, as well as a court date. You want to keep that information safe and bring it with you for your scheduled hearing.

Serving

Now you have to officially serve the company. Every state is different when it comes to how you officially serve someone and if you don’t follow the rules specifically, your case can be thrown out so make sure you do your homework and find out exactly what you have to do.

Court Date

Show up for your court date. The court date is the date that was given to you by the county clerk. Make sure you know which Courthouse to go to as many counties have multiple buildings and tardiness will not be tolerated. Bring a copy of your file forms and any evidence you have to back up your case with the company. Sometimes they won’t send a representative to oppose you and if this happens, take advantage of that situation and focus on your side of the story and how the company is never present when you need them to be.

Consumer arbitration

If that sounds too daunting or your case doesn’t qualify for small claims court, your other option is consumer arbitration. Consumer arbitration works very similarly but it’s a slightly more comfortable process because it’s one you can do from home and it’s one we can help you with.

Steps to File a Claim Against Choice Home Warranty with Consumer Arbitration

  1. Start by submitting your complaint to the company. This is an official, legal notice that tells them what the problem is, what you tried to do, and how you want them to fix it. You can tell us all of this information with our online interface and we generate the documents for you and submit them on your behalf.
  2. We also create the hard-copy demand letter and send it to the company. However, we also include a timeline in that demand letter which stipulates that if the company doesn’t fix the problem by a certain time, you will use consumer arbitration. At this point many companies will offer a settlement and try to fix the problem in exchange for you dropping the case. But if they don’t…
  3. File your arbitration documents with the American Arbitration Association. We file on your behalf with a “documents only” arbitration process so you don’t have to leave your home.
  4. A case administrator will be appointed who will review both sides of the situation, collect any necessary information, and make arrangements for meetings. They will also tell you when an arbitrator has been appointed to your case. The arbitrator will set a hearing, look over the information much the same as a judge would do, and this hearing can be set up as a document only hearing as well, making it even more convenient for you to deal with the company.





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