Hi group, I'm New and I need to vent
Outstanding HDF Member
Joined: Jul 2010
Posts: 2,979
Likes: 57
From: PA
Small claims court? Probably not gonna do it for you. All the guy has to do is not show up for the hearing, which automatically gets a default judgment against him. Then he files an appeal, which kicks it up to the county court level where you are required to have an attorney represent you. Because it would cost more to defend than you would be able to collect, it doesn't make smart financial sense to pursue it and you're right back where you were (screwed) AND minus the small claims filing fee.
So IMO, you should cut your losses & just find a new shop.
Tourer
Joined: Feb 2011
Posts: 299
Likes: 0
From: Tybee Island Georgia
Let him know you're going to file a claim with the small claims court. If he doesn't give you your money, then the next time you see him will be serving him papers. And in Cali. if he doesn't show up you automatically win a judgement. The thing here is if you win the court will deduct it from his pay, tax returns, etc.
source: Had a clown work on my vette. When he went to put the distributor in he didn't get it set properlly and well, I too took it back but then realized I needed to get ahold of BAR when the mechanic and owner refused to work with me. I ended up in small claims court, and within 6 Month's I was fully compensated.
source: Had a clown work on my vette. When he went to put the distributor in he didn't get it set properlly and well, I too took it back but then realized I needed to get ahold of BAR when the mechanic and owner refused to work with me. I ended up in small claims court, and within 6 Month's I was fully compensated.
Tourer
Joined: May 2011
Posts: 333
Likes: 0
From: Orange County, New York
I wouldn't give him the opportunity to fix what he already phucked up. He screwed up 3+ times. I would ask for your money back or threaten him with court. funny how people cower when you threaten them with a lawyer.
Road Captain
Joined: May 2011
Posts: 523
Likes: 2
From: New England
Outstanding HDF Member
Joined: Jul 2010
Posts: 2,979
Likes: 57
From: PA
Let him know you're going to file a claim with the small claims court. If he doesn't give you your money, then the next time you see him will be serving him papers. And in Cali. if he doesn't show up you automatically win a judgement. The thing here is if you win the court will deduct it from his pay, tax returns, etc.
You know, a lot of people immediately say, "take him to small claims court", but my guess is that these are people who have never actually experienced the whole small claims world. If you're representing yourself, which most small claims litigants do, then it can be a total crap shoot. You really have to have your ducks in a row and know how to present them. If that's the route that OP goes, he'd better double check anything/everything that he signed, as well as any signage in the guy's place about warranty and/or standing behind their work.
Seasoned HDF Member
Joined: Jul 2008
Posts: 9,281
Likes: 1,139
From: southeast PA
No way would I let the guy try to make it right. Someone who does engine work without a torque wrench is also working without a clue. Hopefully there is a way you can get your money back, in or out of court.
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