Mikelly Posted December 2, 2007 Share Posted December 2, 2007 You're pretty much screwed from where I see it. I have been to small claims court a few times over the years, and it's a hard nut to crack. Chris, My advice would be to chalk it up to a valuable lesson learned. Move on and do everything you can to tell anyone who will listen about that bad shop and their "customer" service. Anything beyond that will be an expendature of time and money and nothing more. Mike Quote Link to comment Share on other sites More sharing options...
savageskaterkid Posted December 3, 2007 Author Share Posted December 3, 2007 Hey Mike, how much is it to goto small claims in VA, I've talked to a few people, and they said its not that bad, but I think its more or less a "I know a guy, who knows a guy" who went to small claims type thing. If you are going to go thru w/this, each point that you want to make (need to make that is to prove your point) has to be backed up w/facts...not feelings. Even if you know that your facts are facts - the judge doesnt know this and neither does the jurors. So, in order for the judge and jurors to know what you know you have to prove to them that each piece of evidence is fact and not feelings. Even though the Consumer Protection Laws are in the favor of the consumer - it is still the job of the judge/jurors to make sure your claim is not just someone trying to make a quick buck from a local merchant. Even though the Consumer Protection Laws are there to protect the consumer - the court is there to also protect the merchant from professional claimants. As a result, you have to be able to prove each piece of evidence you feel is a fact - you have to be able to back it up w/enough proof; be it affidavits, hard evidence, pictures that people you know are credible will testify to its time. If you cant prove these points then yes - it will boil down to your word against theirs. You need mileage, dates, places, people, and behavior of all the players. You are telling a story to the people in the audience. The more complete your story - the easier the moral/objective of the story will be understood. The less understood your story's objective is the less likely you will be believed. This is why a few of the previous posters said the amount of damage isnt worth chasing the incompetant shop throught court..., just chock it up to live and learn. This doesnt mean you cant go ahead and make your point. It all depends on how much energy you are willing to put into this; that is why the courts are there - so that you can address your grievances if desired. If you are not willing to go to court - go picket in front of his shop for a few weekend Sat's or Sundays...you would be surprised how many passerbyers will stop and talk to you; or put out some fliers on telephone poles telling your story....these are all choices you have. Just remember - you dont know what level of scuminess these people are; so dont stur the pot unless you are willing to get dirty yourself. Good luck. Kevin, (Yea,Still an Inliner) This argument between me and the shop has gotten me more heated then most things have in my life. I believe I am going to pursue this. This shop was the only shop that I actually recomended people to, this is the only shop I ever trusted with my cars, but the only time I bring the Z, I get screwed. This is not the first shop to do something like this. With my 280zx, a shop truck backed into my quarter panel the morning of the day I was supposed to pick it up. They didn't call me to tell me, they waited till I got dropped off there, and I walked in and said I wasn't satisfied, so they told me the story, Then I had to find a way home, because I was told the car was ready and my ride had left. I told them that I needed a car to drive since mine was gonna be repaired. "Your underage, we can't loan you a vehicle" I asked if they could loan my parents a vehicle, and I could use one of there cars, but they weren't obligated to do so for a minor. I had planned to take them to court, but being a minor I couldn't do so without my parents. Didn't help much seeing as how my parents were friends with the shop owner, so they wouldn't help. On top of all of that when I finally got my car back, they did a horrible job at fixing it. It was straight and true, but they didn't fix the imperfections around the area, and just painted over the rust bubble and dents. Its not so much the money, its the principal of the thing. If I lose money(granted its not too much) then I lose. If I win, I win. But I'll definitly get my point across to this guy, and he'll loose time and maybe money just the same by going to court. Quote Link to comment Share on other sites More sharing options...
savageskaterkid Posted December 3, 2007 Author Share Posted December 3, 2007 O yah, after bringing the police to the shop, I was told I could never come back on the property. So I don't think I could picket. Quote Link to comment Share on other sites More sharing options...
jbk240z Posted December 3, 2007 Share Posted December 3, 2007 Here in Denver we have one those "trouble shooters" on one of the local news channels. Check out your local news stations, one or two must have someone who can help. Quote Link to comment Share on other sites More sharing options...
Guest TeamNissan Posted December 3, 2007 Share Posted December 3, 2007 I was in a sim situation when I had a mechanic install a timing belt on a motor i had rebuilt, vg30de in a z32. I only brought it so I wouldn't be responsible because I had just spent 3k having the heads built. He was so lazy he used all the old pully's even though I provided all new. On the 1st start the top center pully broke and bent ALL 16 intake valves. Like Mike said its a hard nut to crack. I suggest going step by step. You took the 1st step by calling the cops and that WILL DEF help you if you go to court. 2nd though I would contact your states consumer affairs dpt and report his shady biz practices. They will also try and find middle ground for you both. If he still decides to be this way after consumer affairs contacts him then I would go to court... then you can prove you did everything in your power to resolve the situation reasonably, its pretty important to prove that in court. Judges really do dislike lawyers in small claims for the reason stated above but you still need to find out certain things. In NJ small clams court wont accept witness statements or anything along those lines, it was for that reason I lost my case. You need to bring a certified mechanic to back your technical claims etc... The system really does favor the service provider though... On a side not for anything under a G, I pay a crack head to go to town. Not worth the trouble or aggravation to fight for the money. Satisfaction though is easy to obtain lol. Quote Link to comment Share on other sites More sharing options...
savageskaterkid Posted December 6, 2007 Author Share Posted December 6, 2007 any more ideas from anybody. All your posts are deffinitly helping out. I hope to have an estimate within a few weeks, and then off to file. I've decided to not work on the Z which should help(Xmas+full time student/part time work=no money till after xmas) Quote Link to comment Share on other sites More sharing options...
Evan Purple240zt Posted December 6, 2007 Share Posted December 6, 2007 I got screwed out of a deposit on an apartment and spoke to a lawyer. It was about $500 that they kept. It was VERY cut and dry that they were in the wrong on multiple levels. They didn't comply with a few laws when dealing with the situation. However, I was advised to walk away. By the time all was said and done with a lawyer I would have been paying out money even if I won. Evan BTW, if you DO go to court I wish you best of luck! Quote Link to comment Share on other sites More sharing options...
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