Would I have a chance in small claims court?

You'd have to prove that some of the work they did was unnecessary to get the baler fixed. Yes, it took some more work from the second guy to get it right, but would what he did have worked if the parts and work the dealer put into it had not been done? Even if you think so, you'd have to prove it. At most, given that they refused to work on it any furher, you might be able to make a claim for that part of the work that he had to redo, but given what he charged, I'm not sure that would be the effort.

I don't know what consumer laws are in your state, but most warranties on new machinery do not cover incidental losses, such as you may have incurred by not being able to make hay while the machine was down. In that vein, I doubt that service warranties would cover anything of that sort either -- most, in fact, exclude it if the law allows them to. NOT taking their side, but if I were them, I would argue that, by ordering one part at a time, they were making a good-faith effort to fix your baler at the least cost to you.

I don't see you faring well in court with this.

You'd be better off dropping an extra $90. in plate at church on Sunday.

To take them to court, you would have to prove both that they intentionally botched up the repair and what their motive was for doing so.

I agree with someone else who said a well written letter to NH Customer Service might be more effective.

Heres the deal, if its in Small Clains it helps your side because its more informal with somewhat relaxed rules of evidence and procedure whereby their having a good lawyer may not help all that much. One thing which could BUT IT PRIMARILY DEPENDS ON THE JUDGE, is if he or she were sympathetic to your cause, if you get say a Judge who has some practical mechanical lifes experience with poor mechanics or shoddy workmanship or even farmed some (I doubt that lol) it could help you, but I dont see that as any great hope actually.

HERES YOUR BIGGEST PROBLEM. Even if you found a sympathetic Judge, he or she must still abide by the law AND IN A CIVIL CASE YOU AS THE PLAINTIFF TO PREVAIL HAS THE BURDEN OF PROOF AND CAN ONLY WIN BY THE PREPONDERANCE OF THE EVIDENCE BEING IN YOUR FAVOR. That means if you or you can qualify someone as an "expert" (Can you get someone to testify on your behalf under oath and does he qualify as an expert????) and say one thing and the other side using competent testimony (their expert etc) say something just the opposite, and even if the evidence were 50% in your favor YOU LOOSE !!!!! !!!!! Having the Burden of Proof to prevail means your evidence must outweigh (51%) NOT JUST BE EQUAL TO THE CONTRARY evidence presented by the defendant, therefore, if you say it was their fault yet they say it wasnt, you would loose. However, thats tempered to some degree by whats called "weight of the evidence" standard i.e. if someone who testified dont know beans about the subject his testimonty doesnt count as much as someone else who does. Such a person wouldnt really be competent to testify in the first place..... .

I dont see your case as one for other then Small Claims due to the great expense and the economics reality plus absent any contractual language to the contrary, you would still have to pay your own legal fees even if you win. BESIDES just what are your damages and can you establish them with any degeree of credible accuracy????? ? Often in Small Claims the Judge will ask the Plaintiff, "What relief are you asking for" (what you want me to do) and can you establish what damages you suffered????

To prevail you first have the burden of proof by a preponderance of the evidence and then you cant just make up what damages youre entitled to, you have to establish them to the Judges satisfaction also grrrrr rrrrr

Dont let this discourage you from trying, its your call despite what myself an attorney or lay people here or elsewhere may have as opinions, get the right Judge n you may stand a chance !!!!! ! If its worth $90 to you just for satisfaction and provided its NOT a false or frivoulous claim, go for it if you like.

Best Wishes

John T Nordhoff, Retired Electrical Engineer now an Attorney in Indiana

Most likely they don't want to end up in court or with their name in the paper as shoddy operators and will make you an offer.

If not get your paper in order and file the claim.

I suspect that the judge would fnd a reasonable judgement in your favor for some of the labor and parts that they replaced but not all. You would have to demonstrate that some of the parts and labor did no good in repairing the baler.

I think you just proved my point.

True, judges are on a salary and don't get paid more if you win your case but they do get more people to file when there is a chance that they will win. If there were no chance of winning there would be no lawsuits.

True, judges may be very busy but it is because they do rule in favor of some of the plaintiffs. That is good for them because it means gauranteed employment. Judges don't work any harder or longer than they want to but instead it brings more judges into the businees to handle the additional cases.

It is a self promoting business.