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Has Select Home Warranty denied your claim unexpectedly? If your claim is wrongfully denied by Select Home Warranty you may still have options, including submitting suing Select Home Warranty in small claims court.
What to do before suing in Select Home Warranty small claims court
Consider filing a complaint against Select Home Warranty with your state’s Department of Insurance
Insurance is regulated at a state level, so your local Department of Insurance will likely conduct an investigation of your complaint against Select Home Warranty. The Department of Insurance will review any supporting evidence you chose to upload and they will reach out to Select Home Warranty company for a response. Make sure you create an account on the Department of Insurance's website so you can follow the status of your complaint!
We wrote a whole article on how to file a complaint against a Home Warranty Company.
Consider filing a complaint with the BBB against Select Home Warranty
The Better Business Bureau may be able to help you with your complaint against Select Home Warranty. Here is how you can file a BBB complaint against Select Home Warranty.
How to contact Select Home Warranty Customer Service
Select Home Warranty customer service number: 1-855-267-3532
Select Home Warranty service request email: firstname.lastname@example.org
Send a Demand Letter to Select Home Warranty
A demand letter is a letter that outlines a set of requests. For example, you could request in your demand letter that Select Home Warranty review your claim again.
If you eventually decide to sue Select Home Warranty in small claims court, you are often strongly suggested to first request your money or property back before you file the lawsuit. While you can request your money or property back orally, it is recommended you do so in writing in the form of a demand letter.
What to include in the demand letter to Select Home Warranty
Unsure of what to include in your demand letter to Select Home Warranty? Here are some points you can consider:
How much money Select Home Warranty owes you.
Why they owe you money or why they should not have rejected your claim.
Your contact information.
Where they can send payment if they would like to resolve the issue over your claim outside of court.
Give Select Home Warranty a few days to respond (usually about 7 to 14 days).
Let them know that if they don’t respond, you intend to sue.
Where to mail a demand letter to Select Home Warranty
You will want to mail your demand letter to Select Home Warranty’s headquarters:
Select Home Warranty
One International Blvd.
Mahwah, New Jersey 07495
Make sure to always verify this information by reviewing your state’s Secretary of State's website as this information may change.
If Select Home Warranty ignores your demand letter, what is the next step? You may be able to file a lawsuit against Select Home Warranty in a small claims court. Make sure to review any contracts or your policy documents you have received from Select Home Warranty. While there may be a forced arbitration clause, many times there is an exception for small claims lawsuits so make sure to review your contract.
How much does it cost to file a complaint against Select Home Warranty in small claims?
So how much are you going to spend by filing a complaint against Select Home Warranty in small claims court?
Court Filing Fees
The amount you will pay to file a small claims lawsuit generally depends on your state and on how much you are suing Select Home Warranty for. If you cannot afford to pay court fees, you may be able to ask the court to waive the fees.
In general, filing fees tend to be affordable and on average filing fees are $15 - $75.
Once the lawsuit is filed, you have to notify Select Home Warranty that you have sued them. The legal term for this is "serving." Serving Costs can range from $0-$75 or potentially more. This is generally based on the method of serving available in your state and then your choice of method serving.
More on who to serve on behalf of Select Home Warranty below. If you win, you may be able to request that Select Home Warranty pay for your court fees and serving costs.
How much can you sue Select Home Warranty for in small claims?
It depends on your state or sometimes even on your county. Make sure to check your local court limit to see how much the maximum you can sue for is. This court limit will likely be something between $2,500 and $10,000 if you are an individual. Note, if you are a sole proprietor, you count as an individual in most states.
By suing in small claims you are usually agreeing to waive any amount over the maximum amount you can sue for, even if you are owed more. For example, if Select Home Warranty owes you $12,000, and you decide to sue in a small claims court with a $10,000 limit, you might be waiving suing for an additional $2,000. Meaning that you will win a maximum of $10,000 and give up the right to request the remaining $2,000.
While you may be missing out on the full amount you are owed, there are practical benefits to suing in small claims instead of suing in "regular court."
Here are some of the benefits:
Court filing fees are cheaper in small claims than in other courts.
The process is faster in small claims than in other courts
Lawyers are generally not allowed in small claims which helps keep the costs of suing low.
How to file a small claims lawsuit against Select Home Warranty
The specific procedure to file a small claims lawsuit varies by state and often from court to court. For this reason, if you want the exact steps for your suit, it is best to follow the procedure listed on your small claims court website.
Complete you small claims court initiation process
Courts vary in how the process is initiated, most commonly there is a form on the courts website that you submit to initiate the lawsuit.
Here is some information that you will need for the lawsuit:
Find the correct legal entity for Select Home Warranty in your state.
Make sure to always verify this information by reviewing your state's Secretary of State's website as this information may change.
Each Small Claims Court has a different procedure for filing. You have to check with your local small claims court whether they allow filing in-person, by mail, online, or by fax.Or we can file your case for you!
Serve the lawsuit on Select Home Warranty’s agent
Remember, you will be serving Select Home Warranty’s "agent for service of process" as listed on your state’s Secretary of State's website.
What is a small claims court hearing like?
Small claims hearings are informal and most hearings last around 15 minutes. While many disputes settle before the hearing, here is what to expect if your lawsuit does not settle.
The specific procedure of the hearing will vary from court to court, but there are a few things that you can expect from the procedure regardless of the court.
The judge will ask you why you are suing.
The judge will ask Select Home Warranty's representative to tell them their side of the story.
The judge will ask you to show them the evidence you brought. Sometimes the judge will keep the evidence. Other times, you will get the evidence right back.
Very rarely a judge will tell you whether you won or lost at the hearing. Instead, the judge will tell you that their decision will be mailed to you (usually takes a few weeks to two months or so).
Here is some evidence that you may consider including:
Your contract or policy with Select Home Warranty.
Emails with Select Home Warranty representatives.
Pictures and all other relevant evidence.
You don’t want to regret after your hearing not including a piece of evidence.
If you need help with small claims, we are here to help!
Chief Legal Architect & Co-Founder @ People Clerk. Camila holds a law degree and is a certified mediator. Her passion is breaking down complicated legal processes so that people without an attorney can get justice.