http://www.democraticunderground.com/100222413Oh my.
DemocratSinceBirth (42,097 posts) Profile Journal Send DU Mail
Need Legal Advice- Want To File A Small Claims Suit
The amount is small but there is a principle involved.
Here's my story:
On November 19th I went to XXXXXXXXXXXXXXXXXXX to purchase a gear box for my 1993 Cadillac Fleetwood Brougham. I told the customer service agent that I had a mechanic who would install it for $100.00. The customer service representative said he had a shop where they would install it for $75.00 I agreed to let him install it. I prepaid $175.00 and went to the shop that was approximately two miles away. While my car was being worked on I went for a walk to get some water to drink. I was gone approximately forty five minutes.
Upon return I was told by the mechanic that after beginning work on the gearbox he "discovered"the power steering pump needed to be replaced also. I told him I had come for the gearbox and couldn't afford to fix both at that time. After some back and forth they agreed to fix only the power steering pump at the cost of $281.00.
When they completed the job the steering was still stiff. In the days that followed the steering continually worsened. When I ennquired about the high place the customer service agent said that I had to pay for the work on the gearbox they began and then aborted.
By Friday November 25th the car was virtually unsteerable. I parked it and on Saturday , November 26h. I tried to drive it out of the parking lot at the condominium complex where I live and to my surprise the car literally wouldn't steer. Since it wouldn't steer and the only place I could safely drive into since it couldn't steer was a fire lane I immediately called a tow service. When the tow truck driver arrived he looked at the undercarriage of the car and said the ball joint on the Pitman Arm was not properly attached and parts were missing. He said it was impossible for this to occur naturally. Someone had to have done it.
I then went to the repair shop where I had my car towed to and the first words of the mechanic's mouth was "you must have enemies" implying someone was trying to cause me harm by not properly attaching the Pitman Arm to the gearbox rendering the car unsteerable.
He subsequently reattached the Pitman Arm and installed a power steering pump to replace the faulty one which you installed.
I also had to have a gearbox installed which is what I originally wanted.
On Monday, November 28th I called XXXXXXXXXXXXXXX to tell them what happened, Luis told me the mechanic who performed the work would be terminated which implied consciousness of guilt and that I should come in to discuss what transpired.
On Wednesday, November 30th my friend Luke and I came in to discuss the matter. He said there was nothing he could do for me and would not return my $281.00 although he said he suspended his mechanic for two weeks. He said his mechanic never touched the part in question and somebody else, presumably another mechanic must have.. My fiend Luke asked him why he suspended the mechanic if he didn't do anything wrong. He said the "customer was always right." I am willing to sign an affidavit under the penalty of perjury that no one touched the part in question from the time the mechanic for XXXXXXXXXXXXXX worked on it on November 19th until November 28th when the part was repaired.
In short East XXXXXXXXXXXXXX installed a faulty power steering pump, failed to properly attach an essential and vital part, endangering my life and property as well as the life and property of other motorists. I am asking for $281.00 in damages plus court costs. This is a small price to pay when weighed against the potential loss of life and property caused by the culpable negligence as defined by Florida Statute 784.05 of XXXXXXXXXXXXX and its employees.
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I did some research and this company has been sued eight times!
comipinko (101 posts) Profile Journal Send DU Mail
1. Unless you do not value your time, walk away.
One should be suspect of any real mechanic
DemocratSinceBirth (42,097 posts) Profile Journal Send DU Mail
4. I Found A Reputable Mechanic Who Did The Job For $110.00
But there is a principal involved. Those clowns literally endangered my life and the life of other innocent motorists.
If I get a judgement I can put a lien on their buiness. $281.00 represents a lot of money to me.
They are assholes who put themselves above the law and as Burke said "all it takes for evil to flourish is for good men to do nothing."
comipinko (101 posts) Profile Journal Send DU Mail
12. It's all about the value of your time,
If you have the time. The way this will play out is that you will both show up in court, the judge will have read nothing, he/she will ask you to step out with the other party and settle. You will get >$150 <, and what ever satisfaction it brings. If it really about the principle, spend your time picketing the garage, that my bring you more satisfaction, AND more $. Just a thought.
eggplant (397 posts) Profile Journal Send DU Mail
2. So what exactly is your question?
DemocratSinceBirth (42,097 posts) Profile Journal Send DU Mail
6. If It's Worth My Time To File A Suit Or What Are My Odds Of Success
JohnnyRingo (7,050 posts) Profile Journal Send DU Mail
3. Since laws on auto repair shops vary so much from state to state, seek the advice of a local councel
An initial consultation shoud be inexpensive ($50) or free, and you'll know if you have a case worth pursuing.
On edit:
Often times shops like this that has been sued repeatedly will respond to a letter on an official legal office letterhead. The fear that litigation is pending can work wonders.
DemocratSinceBirth (42,097 posts) Profile Journal Send DU Mail
13. Those CLOWNS Have Been Sued Eight Times
And the clown who is the registered agent had a judgement against him that took fifteen years to enforce.
They are your classic scofflaws.
JohnnyRingo (7,050 posts) Profile Journal Send DU Mail
19. In that case, you'll find an interested ear at any credible law firm.
Don't go straight to Shyster, Shyster, & Dewey inc, but find a local attorney you trust. All you need to know initially is whether you'd be wasting your time and money by proceeding.
A good lawyer will point you down the proper path in your individual case, and that consultation is not as expensive as you may fear. While I'm sure there are some certified legal experts here on DU, it's risky business to accept advice from someone who may not be familiar with your local laws or the business involved.
Don't you have a lawyer you trust? Perhaps the one who wrote your will or something. If not, ask around your circle of friends or the local BBB, something you should also do before contracting a repair shop to fix your car by the way.
DemocratSinceBirth (42,097 posts) Profile Journal Send DU Mail
33. I Intend to do that.
mrmpa (710 posts) Profile Journal Send DU Mail
5. It's pretty easy
Don't know Florida system, but I would suspect that most small claims courts run about the same way.
Go to small claims court and file against the company. You'll just have to file for the $281 + court costs (usually small ammount).
When you go to court, you should have all information, receipts and witnesses with you. You'll testify to the judge and he/she will listen to your witnesses. I think it is vital that you have the mechanic Who reattachecd the pitman arm and Luis with you.
DemocratSinceBirth (42,097 posts) Profile Journal Send DU Mail
7. My Friend Is Luke. Luis Is The Clown Who "Screwed" Me Out Of $281.00
Hmmmmm. The gigantic primitive:
Systematic Chaos (6,983 posts) Profile Journal Send DU Mail
8. Get written documentation for everything you just told us here and you should be fine.
The mechanic at the other shop who reattached your pittman arm needs to give a brief written statement if at all possible, for you to present as evidence along with the receipt for the repairs.
It may also be worth adding to your claim a request for additional damages due to emotional distress for being stuck in an unsafe car, as well as compensation for any work you may have lost due to the hassle with the car. Ask for total damages of $2-3k and let the judge decide if that is reasonable. You'll likely be met about halfway if you do win.
DemocratSinceBirth (42,097 posts) Profile Journal Send DU Mail
11. I Already Have That Statement
I cited the statute but I suspect every state has a similar statute. Maybe I need to sue for more than $281.00.
Systematic Chaos (6,983 posts) Profile Journal Send DU Mail
15. After everything you described, you definitely do.
I don't know of a state which doesn't allow damages for emotional distress in small claims if the situation warrants it. If any legal eagles want to correct me, please feel free.
This is why I suggest you ask for a fair amount of a couple thousand additional, and let the judge decide if it's warranted or not. Given that your safety was jeopardized with a potential loss of control of a car, it would be foolish not to. And if the judge disagrees, that won't have any bearing on whether or not you'll be reimbursed for the main part of the claim.
If this shop has been sued eight times then I would take the bastards to the cleaners if I could, after what they did to you.
msanthrope (9,304 posts) Profile Journal Send DU Mail
9. A few questions---
What is your age?
What county in Florida?
DemocratSinceBirth (42,097 posts) Profile Journal Send DU Mail
10. 49 And Orange County
msanthrope (9,304 posts) Profile Journal Send DU Mail
20. Okay--I am a lawyer, but I do not give legal advice over the internet. I can, however, suggest that itemize your claim in bullet points on the bottom of your complaint--
Make it very easy to read for the judge. Also, your first sentence should clearly state what you want "I want x in damages because y did z to my w." If you can't state what you want in one sentence, keep trying 'til you can.
I would not sue for 'distress.' You can sue for your time, and for your actual damages, but small claims is generally not a place where you are going to recover punitives.
Here is your county fraud resource help. You can file a complaint with them--
http://www.orangecountyfl.net/?tabid=370
Here is your state motor vehicle repair complaint form--
http://csapp.800helpfla.com/CSPublicApp/Complaints/MVRComplaint.aspx
Finally, you can get a lawyer for 30 miniutes for $50 bucks through the OC County Bar-they will have the best idea of how to proceed, i.e. is it worth it in the local court.
http://www.orangecountybar.org/referral
Had you been 60, I would have encouraged you to contact Elder fraud resources.
Good luck. Remember, judges like it short, sweet, and to the point, with exhibits clearly labeled.
Remember--advice on the internets is no substitute for compent advice from a lawyer in your own jurisdiction.
DemocratSinceBirth (42,097 posts) Profile Journal Send DU Mail
28. TY- I Will Probably Do The $50.00 Consult Before I Go Further
I was just trying to get a feel for my position.
msanthrope (9,304 posts) Profile Journal Send DU Mail
31. Give the bastids hell. Good Luck!
former9thward (2,795 posts) Profile Journal Send DU Mail
14. This is a good suit.
Do not sue for more than you can document. The advice by another poster to sue for "emotional distress" is utterly wrong. No judge in the country would give that to you and you would lose credibility in the judge's eyes. If you can't get the tow truck driver to go to court then a statement by him would be nice and notarized if possible. I predict the company will contact you to settle before a trial.
DemocratSinceBirth (42,097 posts) Profile Journal Send DU Mail
16. What I Wrote In My Post Is Essentially What I Sent Those CLOWNS
I got a copy of the complaint form from the County Court, filled it out, with the evidence I alluded to in my post, and sent it to those CLOWNS, certified mail, return receipt requested. I gave them five days to respond. I haven't heard anything.
I know a bit about the legal process so I went to the court and looked at the files from their previous lawsuits. They lost seven out of the eight suits that were filed against them. I doubt those CLOWNS paid the judgement. But I will put a lien against their business if I win. I believe I can even get some of their equipment or merchandise if they refuse to pay.
It's not the money. They could have KILLED me, my famly, and other innocent motorists by their negligence. I want them to feel my pain.
Systematic Chaos (6,983 posts) Profile Journal Send DU Mail
17. The bad repairs are either documented or they're not. That's the "credibility."
If that can be proven then there is no loss of "credibility" by asking for additional compensation for distress. If the judge doesn't agree then the additional claim is ignored. The answer is no until you try.
DemocratSinceBirth (42,097 posts) Profile Journal Send DU Mail
21. I Might Also Go To The State Attorney
They clearly violated Florida Statute 784:05
1) Whoever, through culpable negligence, exposes another person to personal injury commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
IMHO, they belong in the hoosegow. The day the part came off I had returned from a eighty mile round trip that required driving on Interstate Four. If that happened a few miles before the results would have been catastrophic.
styersc (2,807 posts) Profile Journal Send DU Mail
18. Disclaimer: Not an attorney, but am a law student currently studying for my tort exam tomorrow.
You're not likely to be successful. If I was the attorney for the mechanic, I would tell the court that you hired them to replace a steering pump which they did. If the work was faulty and required adjustment or further work, you should have returned it to them and given them the chance to make it right. Mechanic cases end this way a lot- customer gets fed up, takes it to someone else and then wants the first guy to pay the bill. Never successful. Remember your evidence, affidavit from the tow guy is something mean being said by a competitor.
If you have a Small Claims Court in FLa, it may be like elsewhere, it handles issues under $500-1000, and there are no lawyers involved. Just go before the magistrate, state your case and see he/she is compassinate, but not likely. They may encourage a settlement of sorts. You could suggest that the mechanic gives you credit for say 10 free oil changes or tire rotations or something- more likely to get trade then cash, if anything.
As for the mechanic getting a temporary "suspension"? Around the holidays- we call this vacation.
Also you did not mention if you or they signed an estimate that laid out the owrk to be done.
Long and short- it's not going to be worth an attorney's time (who I'm sure you were hoping would work on contingency) abnd could cost you more in personal time and headache then its worth. Although having been on the screwing end of similar deals. You couold see if there is a state or local agency that hears complaints, or if you said this began at a dealership, raise hell with corporate, they may ask that you get some sort of compensation (like I said- more likely coupons for free oil changes).
Now I have to return to my studies or sue you as an attractive nuisance.
DemocratSinceBirth (42,097 posts) Profile Journal Send DU Mail
25. I Hired Them To Replace A Gearbox Which They Started To Do And Then Aborted
When they aborted that mission that is when they failed to reinstall the critical part. I couldn't take it back to them as their negligence literally left the car undriveable or unsteerable. If you polled one hundred mechanics one hundred of them would say the Pitman Arm could not be separated from the gear box naturally.
msanthrope (9,304 posts) Profile Journal Send DU Mail
29. Go back and study. But save this answer for when you graduate and pass a bar.
Hopefully, you will know by then why I would give it an 'F.'
DemocratSinceBirth (42,097 posts) Profile Journal Send DU Mail
32. I Am Not A Lawyer But They Were Clearly Negligent
784.05 Culpable negligence.—
(1) Whoever, through culpable negligence, exposes another person to personal injury commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083
When I was at the Orange County Court House researching claims against those clowns I was thinking about going to the State Attorney's office which is adjacent. I still might.
There's a lot I didn't say in my original post. Their whole operation has a "Sopranos" like feel to it.
Ooops. The successor to the Bayer aspirin primitive, the cbayer primitive, wields his powers:
MineralMan (37,645 posts) Profile Journal Send DU Mail
22. I'm not going to lock this, but it's not a good match with General Discussion. Instead, a better place would be the Consumer Advice Group:
http://www.democraticunderground.com/?com=forum&id=1112
It's DU's home for consumer advice, which is a perfect fit for this thread.
DemocratSinceBirth (42,097 posts) Profile Journal Send DU Mail
26. Thank You.
Demit (7,041 posts) Profile Journal Send DU Mail
24. A better use of your time would be to lodge a complaint with the Better Business Bureau.
Obviously this company doesn't care about being sued; new customers generally don't look up that information. But new customers WILL oftentimes look up to see a company's BBB rating. BBB will force the company to resolve the problem somehow & you might get more satisfaction that way. Until they resolve it it's an open blot on their reputation.
Going to small claims court is stressful & time-consuming and, as another poster noted, judges will just end up splitting the difference. And that is stressful in itself, after you've invested a tremendous amount of your time & energy. I know, I've done this twice and had the judge only give me half of what my loss actually was.
I know you need to take action, to relieve the stress of having been taken, but do yourself a favor & direct your energy to filing a complaint with the BBB. I don't think even a threatening letter from a lawyer friend (if you had one) would intimidate these guys; they sound like old hands at stiffing customers.
DemocratSinceBirth (42,097 posts) Profile Journal Send DU Mail
27. These Clowns Already Have An F From The BBB And Nine Internet Reviews, All Of Which Are Negative
franksolich however has a question.
The name of the cheating mechanic is "Luis."
"Luis" sounds pretty Hispanic to me.
Isn't the primitive being racist, picking on an ethnic-minority mechanic?
