appliance for sale

He delivered the washer and dryer to my home.  He advertises a warranty with the product.  While washing my first load, I noticed very loud noise coming from the washer.  I called him with concerns.  He stated that I needed to level the washer.  Once I confirmed it was level, I called back because the noise could still be heard.  From that point on, he never answered his phone again.  I've left several messages and texts with no response.  Now I have to pay out of pocket for repair because he ripped me off.  After speaking with a few friends, it seems he has a history of this behavior.  I've decided to take the necessary steps to file suit against this guy.