After nearly one year of exhausting every varied and conceivable attempt to receive a 5-year extended warranty in rebate form, I resorted to filing a Small Claims law suit at our county court house against the manufacturer.

We were attracted to the plasma T.V. because of rebate hype offering a 5-year service contract with purchase. I filed the rebate form within the stated time frame, and made careful copies of everything, including the UPC cutout. After the 12 week time, no rebate. I contact the rebate center and got the typical, "We never got your submission so we can't do anything." Then, after numerous phone calls and emails to the merchant and manufacturer, I contacted the BBB, FTC, the State Dept of Consumer Protection, all with no results.

Feeling I had no other options aside from quitting, I took it as far as I could go - the Small Claims filing. After I filed and a summons was delivered, I received a very nice call from the manufacturer's legal dept offering to supply the rebate, and cover the court filing fee. I accepted the settlement not wanting to profit from the event, but only wanting what originally was part of the deal.

Moaka said:After nearly one year of exhausting every varied and conceivable attempt to receive a 5-year extended warranty in rebate form, I resorted to filing a Small Claims law suit at our county court house against the manufacturer.

We were attracted to the plasma T.V. because of rebate hype offering a 5-year service contract with purchase. I filed the rebate form within the stated time frame, and made careful copies of everything, including the UPC cutout. After the 12 week time, no rebate. I contact the rebate center and got the typical, "We never got your submission so we can't do anything." Then, after numerous phone calls and emails to the merchant and manufacturer, I contacted the BBB, FTC, the State Dept of Consumer Protection, all with no results.

Feeling I had no other options aside from quitting, I took it as far as I could go - the Small Claims filing. After I filed and a summons was delivered, I received a very nice call from the manufacturer's legal dept offering to supply the rebate, and cover the court filing fee. I accepted the settlement not wanting to profit from the event, but only wanting what originally was part of the deal.

You should have also asked for money to cover the time and energy you spent.

moneynomore said:You should have also asked for money to cover the time and energy you spent.
I only wanted the filing fee. IMO: Asking for more would have put me in the same category as the companies who practice rebate fraud. The FTC needs to address this issue through law. I engaged the legal system to render personal justice and it worked - very well I might add. I don't want to abuse the same system.

CONGRATULATIONS, OP!!

I have never had to go that far, but I have had to fight for a couple rebates over time. I have ALWAYS gotten my money, even if it means a BBB complaint or letter to Consumer Protection. Amazing how fast companies pay rebates when one of these agencies calls to inquire!

You did the right thing.

One thing I do is make sure Delivery Confirmation is on every rebate envelope. It costs a little more to mail, but well worth it. I love when I am told they "didn't receive my rebate submission" and I respond "Well, I have proof in my hand of delivery to your address on X".

It's amazing how fast they suddenly locate my rebate claim when I am able to prove it was delivered! Just an tip.

ANightShopper said:Moaka said:After I filed and a summons was deliveredYou must got lucky that the manufacturer was located in your county, or your county let you sue someone outside.

there's no problem whatsoever suing someone outside your county, even in small claims court. the system would be *totally* useless if you could only sue someone from within your county.

cnIsfg said:edscholl said:ANightShopper said:Moaka said:After I filed and a summons was deliveredYou must got lucky that the manufacturer was located in your county, or your county let you sue someone outside.

there's no problem whatsoever suing someone outside your county, even in small claims court. the system would be *totally* useless if you could only sue someone from within your county.

Obviously totally worthless insight from someone who has never filed a small claims or any other type of lawsuit in as US court. For civil matters in US courts it is the sole burden of the plaintiff to get the defendant(s) to file a response to their petition and to show in court if a civil suit is filed against them in a court outside the legal jurisdiction when the person or business resides . Plaintiffs usually forgo these burdens by filing in the defendant's jurisdiction where they can be subpoenaed to respond or appear.
Also, the OP did not sue anyone and did win any judgment. The manufacturer settled prior to being required to respond so there was no lawsuit. It is HIGLY unlikely they would have ever appeared anyway.

For small claim and other civil matter, the one you are suing needs to be in the state. For company, they don't need to have a physical office in the state but they need to have a "present' in the state. If they are not in the state, you can still sue but the judgement will most likely not be honor by other states.