law suit

[510-SR20DET]

Hey guys,
I ran into a situation. I came here to seek for advice because some of you here have deep knowledge and wisdom.
My car was getting some work done by a "shop" which is a garage of some guy house whom my friend referred me to. I wanted to get my S15 radiator support welded to my 180sx to install S15 front end flawlessly.
The work obviously sucks. My hood doesn't latch right. There are BIG huge gaps every where when I provided him top notch parts (mostly original OEM parts). I did not want to pay him but the work was done, so I had to pay him because that is my obligation. He quoted me $400, so I paid him $400 fair and square (can't expect too much for $400 right?)
Here is the issue, I found out my Seibon cf hood has an 10 inch crack, my mint Vertex steering wheel has a 5 inch scrub mark. Of course he refused to responsible for it even the car was in his possession. He even lied that the car was like that. So much for "you break you pay" right?
I want to bring this to small claim court. Does anyone has some pointers for me? How to do this or some suggestions would help.

[yetijeff]

Do u have receipts? For parts and labor?

[MADE]

How much is this worth to you?

Is it the principle of him fucking you over and not admitting it?


How much does small claims courts cost in your area?

Will you get a lawyer? (Not sure if you can for small claims)

IMO it depends if its worth it to you.

[hessianben]

Bottom line- you didn't pay a legit business to do quality work. You paid 'some dude' in his garage. You took the chance and must accept all liability for the result.

[510-SR20DET]

I found this at the spot, talked to him but he refused to admit it. I even called a cop to write a report. I paid him on spot, and he wrote me a receipt just like a real shop. I have picture and receipts of my parts also. I want to have this redone at a real shop, so this bastard will have to pay for this. Is this reasonable or I just ask for reimbursement for my broken parts?

[robinsone]

Well, with small claims court there are maximum amounts you can take someone to small claims court. I believe there might be minimum amounts as well. But you seem to have a pretty solid case. If you have receipts to the conversion parts and they were new when you gave them to him and not used, then you are at a pretty good spot. As long as you have the documentation to go along with your argument, that is newer parts purchased with receipts and dates, no used parts that could raise the suspicion that the parts you gave him could have been damaged prior to him receiving them.

If he does not have a official company, for instance if it doesn't say LLC after his company name or something then you could also sue him for damages as well, not simply the work done. You have a pretty solid case if he isn't operating his "garage" as an official company or anything. Be prepared to wait though. Once you submit a claim to court it could be up to 2-3 months to get your court date. It'll probably cost you 150-200 or something to file, but if you can prove the parts you provided him were new you have a solid case.

What you would also need to do is go to other body shops and get them a quote to either show the work was sub par but also get a formal, written quote on the repair. Paperwork, official paperwork is a must, don't ever walk into a court with your "opinion" or "ideas" you won't win shi* You have to show he was negligent, and explain what it will take to repair or restore the current work. If you've had to take off work, or been severely inconvenienced by this issue you can tack on some damages. DON'T GET GREEDY, again official documents matter more than what you think or say, paperwork showing you took time off work, hours lost, etc. Again, show up with an ordered arrangement of documents and you'll mostly likely have a good case.

Now you might win the case against him, but another issue is the collection of the debt or compensation. Don't think because the judge rules in your favor you'll have a check before you walk out of the courtroom. Collecting the money may take longer. It'll be a process for sure, good luck, though.

[iamtheyi]

Don't listen to people on Zilvia. Go talk to a lawyer. End of story.

[510-SR20DET]

I probably won't go for the hours lost or inconvenient claim. I understand that in the court of law, what you know or see don't matter. It's all about proof and I pretty much has my facts straight.
Since some of you mention about lawyer. Am I better of getting a lawyer? I got time, I want to make sure I will get my money.

[iamtheyi]

A good lawyer is the best bet. However, you can never be 100% about getting money. It depends on the opinions of the judge also.

[510-SR20DET]

^ did you mean I will not get the amount I ask for? If yes then yeah, I am expecting that.

[h2v7]

scrub it, its a loss

if hes a low life like i assume EVEN if you win in small claims gooooooood luck actually getting paid.

[iRONDONkey]

if the guy doesn't have a actual legitimate registered business, you're out of luck.

[enderr]

sue him so he can get fined for having an illegal business so other idiots dont go to this douche

[fliprayzin240sx]

Why the fuck do you guys ask a bunch of random folks online for law related advice? Last I checked, this isnt a forum full of lawyers.

[ixfxi]

Originally Posted by 510-SR20DET

Of course he refused to responsible for it even the car was in his possession. He even lied that the car was like that. So much for "you break you pay" right? I want to bring this to small claim court. Does anyone has some pointers for me? How to do this or some suggestions would help.

You are wasting your time.

Originally Posted by MADE

Will you get a lawyer? (Not sure if you can for small claims)

Its small claims, you typically represent yourself. No self respecting lawyer wastes his/her time with small claims.

Originally Posted by hessianben

Bottom line- you didn't pay a legit business to do quality work. You paid 'some dude' in his garage. You took the chance and must accept all liability for the result.

Paying some dude vs paying some shop does not make them exempt from being liable for things done wrong, damages, etc. However, a full-on shop is more likely to do a professional job vs some small independent working out of his house. In the automotive scene though, there are plenty of specialists that still operate from home that are low-volume. In fact, I'de bet my money that they do better work than the big-time shops. It really just depends.

Originally Posted by robinsone

If he does not have a official company, for instance if it doesn't say LLC after his company name or something then you could also sue him for damages as well, not simply the work done.

You dont have to have an LLC in order to operate a business, the guy could be a sole proprietor and still be legit. Even if he doesnt have a registered business, any time an individual accepts money to do something.. it makes them liable

Originally Posted by iamtheyi

Don't listen to people on Zilvia. Go talk to a lawyer. End of story.

1 sit down with a lawyer exceeds the costs of this guys dispute.

Originally Posted by enderr

sue him so he can get fined for having an illegal business so other idiots dont go to this douche

He's not selling guns and drugs, he did some work on the dudes car and this guy *claims* its sub-par. Taking the guy to court is not going to make a difference.

Originally Posted by h2v7

scrub it, its a loss
if hes a low life like i assume EVEN if you win in small claims gooooooood luck actually getting paid.

Exactly. Court is one thing, collecting is another.

Call it a loss and move on. Next time, be more careful when taking your car to shit shops (or independents).

[SharkMan]

Originally Posted by fliprayzin240sx

Why the fuck do you guys ask a bunch of random folks online for law related advice? Last I checked, this isnt a forum full of lawyers.

Word, OP you shouldn't be wasting your time asking anyone on this forum unless they actually have a law degree. Its not like your asking how to install after market cams, don't waste you time making a thread and go seek legal advise.

[iamtheyi]

I agree with ixfxi. Didn't really think the cost of one all the way through.

Would only really work if you had a lawyer friend or family member who was.

[zerodameaon]

Originally Posted by fliprayzin240sx

Why the fuck do you guys ask a bunch of random folks online for law related advice? Last I checked, this isnt a forum full of lawyers.

I have my law degree, it came out of a crackerjack box.

[AngryPanda]

After fixing so many messed up cars. I have researched this when I had a bodyshop. Trying to find out what the owners of the messed up cars can do. Absolutely nothing, from what I've learned - you went to a unlicensed business, so there is no liability. It is your responsibility to make sure the business has a license. That is why business have to display their license in plane sight.

[illvialuver]

Do you have proof that the things were not damaged when dropped off?

Wants some wisdom? If you cant afford legit quality prices and want to go to a low quality priced shop, do yourself the favor of doing a "walk through of your car" with your phones video camera. A lot like when you rent an apartment. then when you pick up the car from him, video record everything on the car before you leave his place of business, this way if you have any discrepancies you wish to discus in court, then you have proof.

[Rustys14]

Pretty much everything xfxi said. Just chalk it up to a life lesson learned and move on.