I had an aftermarket bumper installed on my 4Runner last month and the 4X4 shop that put it on did not secure one of the AC lines that runs in front of the radiator. After approximately a month of vibrating around, a hole rubbed through the aluminum line and I lost all my freon. I took it to my mechanic thinking my compressor went out, they diagnosed the situation and documented/photographed it all…clearly stating on the invoice that the 4x4 shop was to blame and why. Cost me $750. I immediately went back to the 4x4 shop and spoke to the sales guy that helped me. He made a copy of my mechanics receipt and said the owner would be back Monday (this last Monday). Of course I haven’t heard shit from them. I know I’m getting stiff armed and that they have no interest in doing the right thing.

I’m torn here, I need that money back. Should I file in small claims court? I’ve never done it and know nothing about it. Thoughts?

I’ve been to small claims court and won the judgment. That doesn’t mean you get your money back.

Did you pay with a credit card?

I’m not all that familiar with the consequences of mechanics’ liens, but I would investigate getting the charges reversed.

(Always use someone else’s money. This is exactly why.)

Yep, I charged the install of the bumper. Disputing the charge would no doubt lead to legal action as I’ve discovered that these people (4x4 shop) are assholes.

Yes.

Having all documentation, pictures and the your mechanic's information will make it easier for the judge to make a determination.

Brief bullet statements with date, time, who you spoke with and what was said will aid you.
Include the costs of both repairs and any other costs actually incurred (that are reasonable).

Go through the "statements" and discuss with someone/have them read/present to you until you have the least amount of facts that state your position and no emotional, or opinion.

In effect, you are giving the judge the "problem/solution" so he/she does not have to "try and solve a puzzle.

If the other party is not prepared, you will prevail.

Since you already believe they will stiff you, you have little to loose, and quite a bit to gain.

And you will learn things from the experience that will benefit you the rest of your life.

Thanks for that Monkey.. I appreciate the advice.

Exactly what the monkey said.

Short sweet and to the point.
Print your argument out in bullets points
Make sure it fits on one sheet (make a copy for the court)
Bring all your other supporting documents for when the judge asks. (Have two binders of copies of everything-one for the court one for you)
Being organized is key.

Don’t get emotional, it’s a business transaction.

Don’t degenerate the shop, just show the facts.

I'd reach out and let the 4x4 shop know you're waiting for their response.

You might consider a letter to the shop before filing the law suit. Just easier to settle before going to court.

BTW, if you go to court, see what your mechanic will charge you to do along as a witness. Also see if witness fees can be recovered. Having the mechanic there may win the day.

Last suggestion - if you haven't see it, watch Hot Bench. It shows that 3 judges come to different decisions using the same facts and testimony. It also shows the types of questions a judge might ask and/or the info a judge will want to hear.

I spent several years working as a volunteer mediator in small claims court. You have gotten some good advice here.

Document the situation and have something in writing on letterhead from your mechanic stating as to what caused the problem.

Thank you guys, I appreciate the sage advice. I think I’m going to call them today to speak to the “owner” before proceeding. Just one more chance to take the high ground I suppose.

quote:

Originally posted by SR:

You might consider a letter to the shop before filing the law suit.

The younger son is a lawyer. He likes to end this type of letter with, "Guide yourself accordingly."

That has also been suggested to me by a SIGforum lawyer, ArtieS, for a demand letter that I had to write to a miscreant customer.

I have, a very long time ago. The advice above is excellent. Be concise, be organized, have a copy of your written material to leave with the judge. Small claims court often has a lot of emotion involved and it is very common for the judge to “take the matter under advisement” and “get back to you within 30 days (or whatever)”. Don’t be fooled, he’s probably already made his decision, he just doesn’t want to deal with a pissed off loser in his courtroom.

You can sue in small claims court and if your ducks are in a row you will likely prevail. Still doesn’t get you your money back. You can dispute the charge on the credit card and that will likely result in legal action from them. The ideal solution would be for them to refund the $750 and avoid you having to dispute the charge and sue them in small claims court. Perhaps an appropriate demand letter can help them see the advantage of not having a chargeback from the credit card company and not getting drug into small claims court. I would strive to resolve this before payment is due on the credit card if at all possible.
Good luck!

Dry-Fly - was the amount you paid the 4x4 shop more or less than the $750? If less, would you be OK if they just refunded what you paid them? If more, perhaps they'd be willing to issue a partial refund.

You'll have a lot of time and effort invested if you go to court. It might be worth settling now for something less than the $750.

I paid the 4x4 shop $750 to install my bumper. My mechanic’s bill to fix the AC the 4x4 shop screwed up was also $750… ($745 actually). I’d settle for half, yes. I’m trying to find a local attorney and see about a demand letter before proceeding. I called multiple times today, no answer.

I have and won judgment every time. Most of the time they won't even show and you'll likely be awarded default judgment.

Before you go thru the time and trouble, you need to know that the court does little to nothing to assist with collection. And it's pointless if the defendant has little to no assets.

Depending on your state law concerning recording (video and or audio) any contact / conversations with the mechanic shop might be a possibility... also if sending a letter to the shop have the letter (you keep a copy) delivered certified delivery with signed return reciept so they can not dispute getting the notice......................................................... drill sgt.

Forgive the brevity of the previous post. I'm a little jaded, not a particularly good day.

I don't disagree with the monkey. He always has insightful advice. If you're looking for the experience, by all means pursue it. I didn't get the impression that was your goal. Forget an attorney, if you get one to take your call, they'll tell you it's not worth their time by a wide margin. At one time, they'd write you a demand letter for $100; I'll bet it's closer to $200 now. You can send a demand letter, google it for examples. You basically tell them they have ten days to pay you or else. Or else being legal remedy; but my guess is they'll see through that for what it is.

You're dealing with dishonorable people. I recommend you chalk this up to experience. Choose who you do business with carefully.

quote:

Originally posted by mjlennon:
I have and won judgment every time. Most of the time they won't even show and you'll likely be awarded default judgment.

Before you go thru the time and trouble, you need to know that the court does little to nothing to assist with collection. And it's pointless if the defendant has little to no assets.

Been there, done that!

Only thing I have to add: if you send them a letter yourself, send it certified mail or fedex/ups. You just want to get confirmation it was delivered. Also, I wouldn’t offer to take half of what you paid yet. You made your offer, they pay in full for the repair. Let them make a counter offer, don’t start negotiating yourself down to entice them to respond.

- Bret

Oh, I forgot to mention. If they promptly refund the $745 for the repair, not only will you not dispute the credit card charge and not take them to small claims court, but you also won’t file a complaint with the Bureau of Automotive Repair (BAR) or whatever it is called in your state. Most shops have a license from the BAR or it’s equivalent and would prefer to avoid issues.

quote:

Originally posted by V-Tail:

quote:

Originally posted by SR:

You might consider a letter to the shop before filing the law suit.

The younger son is a lawyer. He likes to end this type of letter with, "Guide yourself accordingly."

That has also been suggested to me by a SIGforum lawyer, ArtieS, for a demand letter that I had to write to a miscreant customer.

My closing was Judge Yourself Accordingly. It seemed to work during my banking career.