Anyone familiar with bringing a shop to small claims court?

I went to Xpress Oil Change to get emissions done yesterday and had 5 qts of Extra S on me. With some reasonable prices, i thought, hey might as well get them to do a drain and fill transmission and rear diff.

My center diff was already going out, so i thought some fresh fluid might help me get it to AllPro Subaru. This morning, i hear a high pitched whine when i turn down my stereo to take a call, thought it was my center diff going. Brought it to AllPro and up on the lift, Brandon diagnoses a trashed rear diff with the stethoscope. Upon removing the drain plug, little to no fluid in the diff.

Called the shop, manager threatened to look at the video of his tech replacing the fluid, i say ok and he calls back 1 hr later. I think he called his boss because he just wanted info, so i relayed the diagnosis from AllPro. Afterwards, he would not give any information, nor would he admit to any footage of under the car existing when i asked to see it.

The Operations Manager calls me up and i explain the story. He said he would not pay for my diff replacement because "work" was done on it before one of his representatives could be there. Apparently this is on the bottom of the repair bill i signed which i have not confirmed. He declined the offer to look at the car after the fact. I said he would be served within a week and he hung up.

Is this guy just blowing smoke up my ass or does he really have a case here?
What can i expect from small claims court?

 

The thing is about law is that there are never any garuntees and even the best cases get thrown our with the right judge or the worst cases get rewarded with the right judge/lawyer combo.

There are no garuntees, you have to weigh the cost of a lawyer vs the cost of repairs.

Glad you learned a lesson though, never let fucktard shops do this shit, EVER. Atleast if you fuck it up, you can kick yourself in the balls and then buy yourself a beer and feel better that you taught yourself an expensive lesson.

 

Well I can represent myself at small claims court for small filing fee. It was the one on Howell mill

 

5 min from you, you're more than welcome to use wrxin8or and my driveway. OP, sorry to HEAR, gl on getting it resolved

 

Probably not worth trying to take them to small claims court. Like someone said previously (I used to be a litigation paralegal) it will probably cost you more to take them to court than what you would get from them. Of course, there is always the principal of the matter but it sounds like you don't have much evidence other than hearsay which probably won't get you very far. If you had emails, video, etc. then maybe it would be worth it. If you are seriously considering suing them then talking to an attorney first would be your best bet.

I once had a dealership (back when I owned a Toyota) try to pull one over on me. I guess they thought that because I was a girl that I was just a dumbass. Little did they know I had checked my tire pressure and marked my oil filter. I paid for a new oil filter and asked them to put some air in my tires. They didn't do either. I checked both before I left the parking lot and walked back inside...... Got my money back (after I gave them a piece of my mind) and took my car elsewhere.

 

sad story but...

who in their right mind has anything done to their car at Xpress Oil Change?!?!?!?!

i also live in an apt, but we have excellent shops in atlanta and quite a few friendly driveways from other members as well.

 

If you know a lawyer, get them to write a letter for you. If not, buy a new rear diff and call it a day. Probably not worth taking them to court but you could always camp out up at the shop and warn all of their "potential Customers" pulling in of your problems you had with them. Cal the BBB but that won't really do shit.

 

did this with an apartment complex that had knowledge (because i told them) of drug activity on their premises and refused to let me out of my lease. lawyer sent them a letter threatening to report them to BBB and sue them for the rent i had already paid (they were wanting my backed rent). and never heard from them again.

 

You have no case....you will spend more in lawyer fees and time than it's worth. Fix your car and learn your lesson.

 

Thanks for the info, i'm getting a letter written to try and settle this out of court because i got such a good deal for a used diff from AllPro. So i'd like to turn this into a positive review for them. They were very quick to schedule me in and address my repairs, even offer some quality used parts for a very reasonable labor charge. For stuff that i can't take care of in my driveway, this is perfect.

 

I would recommend writing the letter yourself stating that you're seeking a certain amount of money to repair damages(make the letter detailed as possible and mention you got AllPro to check your car and also give them a set date in which you would like your expenses back) and that you've already contacted a lawyer, before you acutally hire one. Do not mail it either, go there yourself and make sure you give it to the shop manager/owner yourself ( in front of their video camera if they have a video system). If he says you're wasting your time, tell him you've given him a time frame stated in the letter and i'll contact my lawyer. Wait a couple weeks and see if they get back at you.

I was in a situation where i wrote a letter to an apartment complex for a minor bumper accident and received a $1800 check within a month from their insurance company, no lie.

Follow up with a phone call and stop by the shop in person to see how they want to handle it. They might send you a check. Personally, I feel hiring a lawyer will be a waste of time and money. If you feel AllPro took care of you, then dont even worry about. Write the letter yourself though and see what happens. If they do wanna go to court, stop by thier shop one day and give em' a F-You!!! and Suck it!!!! and have a nice day!!!... atleast you'll feel good when you walk out.