Monday, August 02, 2021

Ok, so, here's my advice and whatnot about small claims

 before you leave your car with any shop.... if you want to avoid problems that only MIGHT happen, take a lot of photos of you car, inside and out, under the hood, etc

Why? Because you, the plaintiff, will be much better off when trying to win over the judge when you can show photos of your cool rare parts that had not been hacked on when you dropped it off. 

Little known fact, the defendant will lie, under oath, and claim the part was already hacked on when you dropped your car off.   That's experience in action, the lying defendant has already used this tactic, and hasn't yet found that plaintiffs suing him in court have prepared to win in court. To win, you need to prove that your car wasn't damaged before you dropped it off. 

Oh, and it costs about 35 to file for a small claims course, 115 to get a process server to serve, and file, 15 for a subpeona to get the Bureau of Auto Repair to send their investigation to the court, then when you win, it's another 120 to file papers to get the legal stuff done to put a lien on the losers business property. 

Oh, and having a Bureau of Auto Repair investigation that agrees with you that the shop didn't operate professionally, wins your case. 

So, whatever the work you're asking them to do better be in writing, whatever they might damage better be photographed before they take possession, and pay attention to when they slip up when they tell the judge that they didn't hack on your parts, then mention how the part was so close to the new distributor that it wouldn't fit. 

Of course, that the loser defendant claims that the part was already hacked on, and then claimed that it needed more space to fit next to the distributor, means that they hacked on it to fit.... as that wouldn't be necessary if it were hacked on before they got it (it wasn't) 

So if you're not going to win over 300, it's not financially going to be worth your time. Oh, yeah, time. .. you have to get things done right after you create the court case, because you've got two weeks to get all the evidence and stuff in front of the judge. Nothing pisses off these small claims judges like being told that you had stuff done in the 10 days before the court date. Serious. 

PLUS, you DO need to send a copy of everything to the defendant before the court date that you want to use as evidence in court. The judge will ask repeatedly if they've seen the stuff you want to show the judge. 

1 comment:

  1. and show up in court with copy's of everything to present to judge and defendent because they will say the did recive copies before hand ,,,,,,(yes have been in court many times and only need to be made a fool once to learn)