Ok, I need to know if I can sue this guy that did work on my car. Here's what happend. Here's a quote from my first post about it I posted that on april 24. He wanted me to take my car back for him to re-adjust the doors but I felt it would do more harm than good seeing what he had already done to my car. I sent a complaint to the Better Buisness Bureau. Here is a copy of what I sent This was sent on May the 02. He replied well after the 14 days he was suppossed to reply within. In his reply he wrote. In the places where there are question marks, those are places I can't understand his handwriting. Here is the response we have made to send back to the Better Buisness Bureau, we haven't sent it yet though. I'm thinking I can sue him for improper work, inferior parts, getting paint on my car and slander. If ya'll see anything else or you see a problem let me know. Thanx Also how much do you think I could sue him for?:rant: :rant: :rant: :rant:
You can sue anybody for anything, and people do, every day.o No: From what you explain, I believe you may be entitled to compensation for the "poor quality work/service"!:Smarty: Call a few lawyers in the phone book, explain the situation, and they'll tell you if they can help you or not. First consultation is usually free, if they advise you on what you should do about suing him.:TU: You should be able to get AT LEAST what you ALREADY PAID for the repairs, AND, MAYBE, what it's GOING TO COST to get it repaired at ANOTHER SHOP (where you have it now, to do it the RIGHT way)!:Smarty::bglasses: I'm not a lawyer, but I know the laws (I studied for a YEAR, when I had to sue for one of my own vehicles' damage, similar to yours, and I also have a few High School buddies that ARE lawyers, too!:TU: )
Don't waste your time with a lawyer as you will have to pay them to sue the guy....and even if you "win" that doesn't mean the guy will ever cut you a check. What you need to do first is find out if you have "justice of the peace" courts where you live. Here in TX we have them--these are regular courts--many people refer to them as "Small Claims Courts"--so look in the phone book and find the one for the area that the guys shop is located in. You don't need to be an attorney to file a case in these courts here--it's a pretty informal process and you can usually type up your complaint (keep is organized and simple) and file that as your lawsuit. Filing/service fees are typically lower than County Courts, etc and you can go in and argue your own case here--no lawyers required--that is why these courts exist. Get a phone book and start dialing, ask questions--these jp courts are usually very helpful in explaining what you need to do. Good luck. Patton
Small Claims Court means that YOU have to KNOW the LAWS, since you're not "using" a Lawyer! You have to become your OWN Lawyer. If you can't "argue" against the other person, in a way that the Judge will side with YOU, then you are WASTING YOUR TIME! You have to have PROOF of EVERYTHING: - TIMES (specific DATES, WHEN something was "done" or "not done") - RECEIPTS (of costs for repairs/labor, Written Estimates, etc., whatever the "agreement" was between you 2) - WITNESSES (if anyone was there to HEAR the "agreement" between you, and SAW the results) Just a few things necessary. The court is set up to hear BOTH SIDES, and decide WHICH ONE sounds more "truthful", however, if someone can LIE (and people DO, to get themselves OUT of "trouble") BETTER than the TRUTH that YOU tell, you could still LOSE!:Smarty: It happens all the time.o No: CALL A LAWYER, and at least get some advice to what THEY would recommend that you do, to get some kind of compensation or reimbursement! If the guy DOESN'T PAY (after a Settlement in your favor), then he WILL be ARRESTED for Contempt of Court!:Smarty: So, if you WIN (and he pays you), then you WIN! If you WIN (and he DOESN'T pay you), then you STILL WIN (because he goes to JAIL, and LOSES money by not being at his JOB and "ripping anyone else off")!:TU:
Last time I checked contempt of court doesn't include failure to pay a judgment. Maybe your state is different but they banned "debtors prisons" just after the dark ages. Call the jp, organize yourself and consider that option. Or go ahead and get a freebie consultation first and then weigh your options. It's easy to get a judgment...it's not so easy to collect on it. Patton
Hey Patton:TU:, I'm not "arguing" which will work "better", because I honestly can't say, in this case, specifically. What I DO know is HOW the "system" works (or in most cases, doesn't work ). What are YOU talking about, anyway? You live in TEXAS!:TU: You guys shouldn't have ANY crime down there, because EVERYBODY has a GUN there!:TU::grin: (just pokin' fun at you) In Illinois (don't know about other States), you can be arrested for not paying after a Judgement against you. It's no different than Not paying a Parking Ticket (you can be arrested for that, too, because it's money OWED by the State or through the State!). Speaking from "experience" (about the Parking Ticket, anyway).:Brow: That IS true, unfortunately!
You obviously don't know the laws! For years you have been required to own at least TWO GUNS in this state..not just " a gun"! We collect our own judgments down here so the lawmakers wanted to make sure there was less chance of getting hurt while doing so...so two guns are the mimimum! :laugh: :beer Patton
I think with your BBB claim and the attorney general there is a rule that you must let the person try to correct the problem once. Its rings a bell for some reason.
go to small claims court after u give the bodyman one chance to make repairs or correct all the problems . keep / make lots of notes & take lots of good quality pictures to denote the problems . do u have a written estimate for the original work or do u have a work order ? u only have to prove by a preponderance of the evidence (51 %) that u were wronged . good luck .
Question for you. Did you pay with a credit card? If so, and less than 90 days since billing by CC company. You have the upper hand because you can dispute the charge. If not, so sorry.
Get the canceled check, any proofs of sale, and pictures tell a thousand words, if you haven't fixed anything they screwed up, take alot of pictures of the cheapo parts, the paint overspray, etc. Get an estimate from a *good* shop so you can tell the judge exactly what it will cost to fix the guys mistakes also.
