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I know about small claims court, so right now I am writing him a letter offering to settle out of court for $2000, or go to court for $3600 (the costs of his repairs that were not done correctly.) I want to know if this is reasonable and also what the specific laws are governing this type of thing. I have taken the truck back to him for rework five times since the initial "repairs." BTW, I live in CA

2006-07-19 07:22:31 · 7 answers · asked by Anonymous in Local Businesses United States San Diego

7 answers

Unfortunately, I've had the occasion to appear in court many times on civil (non-criminal) issues. Although I am not a resident of your state, some rules of evidence apply in most cases.

The judge is incredibly not interested in your opinion of the mechanic, be it skill level or moral character. The only thing he can rule on is the evidence presented to him. He is also very short on time, so if you break out a stack of documents piled 10 feet high, you are basically done.

Try to imagine having the judge's job for a moment, and you'll do a far better job of putting together your case. Bring it down to one or two major points: "Your honor, after 10 attempts at repair, my car still doesn't work. Here are three bids from reputable, local mechanics to perform the work that I have already paid the defendant to perform. Attached to each bid is a notorized statement that identifies the work by the defendant to be substandard according to standard practices in the State of California. To be as fair as possible, I am only asking for the amount to cover the least expensive mechanic, although he is not my first choice. I am also waiving any costs associated with car rentals, downtime from work, etc, just to be quick, fair, and to finally conclude this matter."

The mechanic will then get a chance to speak, and since he didn't have the good sense to use Yahoo Answers, he will start bad-mouthing you and babbling, and possibly produce a greasy hand-written note, while the judge rapidly makes up his mind to rule in your favor.

That's basically how it goes. Good luck, and God bless you!

2006-07-19 07:42:17 · answer #1 · answered by Elwood Blues 6 · 0 0

Check it out with the Bureau of Automotive repair. It sounds like a lost cause in trying to work it out without mediation.

2006-07-19 14:27:04 · answer #2 · answered by Visage22 1 · 0 0

Your Doing the right thing he should Agree if not Bring Him 2 Court You'll win plus extra I do believe

2006-07-19 14:26:52 · answer #3 · answered by sugarbdp1 6 · 0 0

Go to court. Don't settle. Make him pay, and also cry foul at the Better Business Bureau about your experiences

2006-07-19 14:27:49 · answer #4 · answered by KB 6 · 0 0

You can also contact the Better Business Bureau and you local Chamber of Commerce. Sometimes they can help in these matters.

2006-07-19 14:26:54 · answer #5 · answered by karen wonderful 6 · 0 0

I believe the county attorney can help you with this matter. Call your local county offices, they may be able to help. A VCR repairman did poor work for us and that is where we placed our complaint. They can take things furthur for you you. Good Luck!

2006-07-19 14:28:11 · answer #6 · answered by Lunny2006 4 · 0 0

is he certified? you can report him through there, there is also the BBB and the chamber of commerce

2006-07-19 14:27:27 · answer #7 · answered by worldstiti 7 · 0 0

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