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Being Sued In Small Claims Court... HELP ME GUYS

Discussion in 'BlackHat Lounge' started by MoreMoneyMoreProblem, Jan 31, 2010.

  1. MoreMoneyMoreProblem

    MoreMoneyMoreProblem BANNED BANNED

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    So a couple months ago my car is running great other than an alternator belt coming off. I take it up to the shop to have a new belt put on and decide why not get the oil change while I am up there. I pay $66 and they give me the vehicle back. Take this story back 2 weeks before the radiator hose sprung a leak and kept dumping out a ton of water on hills and shit (kept filling it with water till I changed the hose). Now after I received the car back I took it 2 towns over which is 30miles or so. On the way I noticed the car was smoking out of the exhaust a little more than usual but i thought it was just the new oil. Well then we stopped at the mall and afterward got on the interstate on the way back home and the car cuts off completely at 65mph and comes to a stop smoking (engine).

    Called the guys that changed the oil and got them to come out to tow me. My conclusion was that they fucked the oil up when changing it because it had been running like a champ. Well they didn't give me a price that night for towing but said the next day they would diagnose the proble. Said it was the water pump and said i needed to fix it. I bought a new water pump and they installed it. Told me it was still over heating and needed a thermostat. By the time I bought the thermostat they said it was ether a head gasket or the heads warped. So at this point they have diagnosed incorrectly and still do not know the problem.

    Today the guy comes over to my house 3 months later saying hes gonna take me to small claims court about the $350 bill since I am not paying for it since it still doesn't run and he bullshitted me about towing and the problem. What should I do guys?
     
  2. TheNyackFidler

    TheNyackFidler Newbie

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    document everything, go to small claims court and sue them! They will back down in a second.
     
  3. Laser

    Laser Jr. VIP Jr. VIP Premium Member

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    I've always heard that,,
    for every lawsuit,,, there is a counter suit.

    He did not provide the service you were willing to pay for,
    which was a safe and working vehicle.
     
  4. MoreMoneyMoreProblem

    MoreMoneyMoreProblem BANNED BANNED

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    I mean the car is a 1981 but still them old cars run like champs. When it went in you could tell I take good care of my vehicles, clean tires detailed inside and out as much as possible for a 1981. But my receipt for the work is in the car in the dash at their facilities...
     
  5. MoreMoneyMoreProblem

    MoreMoneyMoreProblem BANNED BANNED

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    Just looking for some help since I am only 19 and never been to court.
     
  6. rob19028

    rob19028 Registered Member

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    Do your research before you go to court. Find out everything you can about this company...most of it will be online...have they ever been sued for messing up someones car...any complaints about this company on local websites etc.

    And like has already been stated COUNTERCLAIM for the amount of the blue book value of your car. Say they are tring to take advantage of you beacause of your young age. This will be especially relevant if the have had previous complaints. Always have documentation of everything you oresent in court or it will be dismissed.

    They are pressing you beacause most people will back down and give them the money. Even if they beat you in court make sure it costs them more than $350 in time and effort to win.
     
  7. DrJekyll

    DrJekyll Senior Member Premium Member

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    Unfortunately most mechanics are not mechanics they are parts replacers.

    I would go to court and explain, but if you signed a work order for the work performed you oked it and may be screwed.

    running it overheated you more than likely warped the head, and that will cost you.

    you may get out of the bill if you have the water pump that was replaced and can prove it was not bad.

    they should have changed the thermostat the same time as the water pump though.

    should cost you $20 for a consultation with a lawyer, get Real advise not what you get here
     
  8. SquirlyNutz

    SquirlyNutz Power Member

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    Mechanics are the biggest fuckin crooks on the planet.Too many times,i took my car in for repairs and next day something else mysteriously broke down.I say fuck them..dont pay them and go to court.
     
  9. rob19028

    rob19028 Registered Member

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    Mechanics are crooks, sure. But the biggest crooks I do not know, did you forget about politicians, attorneys, bankers and clergy?
     
  10. MoreMoneyMoreProblem

    MoreMoneyMoreProblem BANNED BANNED

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    I just don't like standing up and presenting myself in front of a lot of people...
     
  11. CenTex Hosting

    CenTex Hosting Jr. VIP Jr. VIP Premium Member

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    sign up for a service like pre paid legal. 30 bucks a month is not bad. They will write a nice little letter on this for you.

    I use pre paid for just about everything now. speeding tickets, house contracts or if someone is doing just what your saying trying to mess you over.

    Most will back down when have your lawyer send them a nice letter.

    Brady
     
  12. Qball

    Qball Registered Member

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    If you overheated your car by running low on coolant, you could have caused the blown head gasket or cracked head.

    Overheating can sometimes damage the thermostat also.

    They would have to replace the leaky water pump to get pressure up in the cooling system (that is why radiator caps have a pressure rating on them) to see if the engine had head/head gasket problems.

    If your car is overheating SHUT IT OFF!! Don't keep driving to the next exit or whatever!! Walk. Get a tow. Hitch a ride. Call a friend.

    I don't know how you'll do in court, but I don't see it as the mechanics fault but you still could probably get out of it. Good luck to you!!
     
    • Thanks Thanks x 1
  13. personal

    personal Newbie

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    I'm a cardealer (Canada) but beforei give you an advice, i need to know which state do you live!?
     
  14. MoreMoneyMoreProblem

    MoreMoneyMoreProblem BANNED BANNED

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    I live in South Carolina... state of rednecks :(
     
  15. personal

    personal Newbie

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    Don't do nothing,
    1. Don't respond to emails, phones long story short don't answer him. He cannot do nothing against you.

    2. Sue him for damaging your car, but before you do that you have to check out your car problems with another independent mechanic.
     
  16. MoreMoneyMoreProblem

    MoreMoneyMoreProblem BANNED BANNED

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    Well the vehicle is on his lot and i am 100% sure he won't let me bring a mechanic up there to take a look at it.
     
  17. boozie

    boozie Power Member

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    you're only 19, that's not an issue. sue them back. go to your county courthouse and speak to a clerk and they will lead you in the right direction as to how to countersue for fucking you in the firtst place. don't worry about not ever being there before or only being 19. probably 75% of the people in the courtroom that day, and there will be a lot, will more than likely have been fucked over by a mechanic at one point in time including the judge. the worst thing that can happen is that you lose out on $350 after being fucked over by the mechanic. that is why you countersue. before you go before the judge, they will ask if both parties are present. if they don't show, you win and vice versa. you will also have a few minutes before your case to speak to the plaintiff and try to come to some agreement. if you reach an agreement, they you guys will decide as how to proceed and it will be drawn up for both parties to sign a written agreement. if any party fails to meet that agreement, the court will demand money for the winner. they will do this by putting a lien against them. this will force their bank to relinquish payment to you directly as soon as there account balance meets the amount due. if no agreement is reached, the judge will decide after hearing both of your sides and make a judgement. from here its a coin toss. it won't come down to who is right or who is wrong, it will come down to what you have in writing. i have been through this twice, i won once and reached an agreement the other time. basically, i paid a hell of a lot less and paid if off over the span of 6 months with no interest. so as far as i was concerned, i won twice. just be prepared and have everything in writing, your receipts etc. it's not a big deal, trust me. but fuck that jerkoff for fucking your car up. sue him back and he will probably drop it when you guys meets beforehand. hope this helps. i hate scumbags.
     
    Last edited: Jan 31, 2010
  18. personal

    personal Newbie

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    In this case, you have to do some research first. Find out which one is the institution that regulate customer-mechanic-dealer in your state. We have OMVIC and MTO in Ontario and im sure you have the same. Before you call them call your mechanic and ask him to give your car back. Trust me he will :) , he can't afford to lose his license.
     
  19. MoreMoneyMoreProblem

    MoreMoneyMoreProblem BANNED BANNED

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    That is the problem, my receipt is in the dash of the car locked at his facility... and I did not sign anything in agreement. They called me and told me the amount that they wanted. Also they replaced all the fluids in the vehicle such as radiator fluid when I was running water and was just fine running water.
     
  20. Sneeks

    Sneeks Junior Member

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    small claims court is nothing serious. ive lost about 4 times to credit cards. since i dont have a job, it basically just made them lose more money hiting attorneys and such. since I have no income, they cant find the money to seize. it's been about a year and they still havent gotten there money. in 2 cases they accepted way less than what they were sueing for(people do bargain when it comes to courts). just all the interest that added up, they took that all away and made it the balance for what I spent. which i was pleased with. most people will talk it out though before court

    just dont be around for them to serve the certified papers on you. lol