Well, I'm Goin' To Court... - Page 3

pimpJ · 10-12-2004, 08:47 PM

Quote: Originally Posted by voidunknown

What would I scratch of theirs? It really sucks that people can't have nice things in this world.

you can, you just need a gun too

Spaghetti · 10-12-2004, 08:49 PM

Quote: Originally Posted by voidunknown

What would I scratch of theirs? It really sucks that people can't have nice things in this world.

If you lose your court battle, you've lost your pride and some cash. If you lose your court battle and scratch the perpertrator's car in return, you both draw!!

Yeah yeah, stupid I know....

voidunknown · 10-12-2004, 08:52 PM

Are there any lawers here at MP3Car? I need some help...

ufearme3 · 10-12-2004, 08:57 PM

First, gotta say that sucks! My sympathies are with you!

Did the car wash joint have a sign that says "we are not responsible for any damage... etc etc etc"? Be sure to note whether they did or did not. That sign does NOT allow them to go off scott-free but they will sure try to use that. If they didn't have one you are in great shape. If they don't have one up, take pictures of the establishment (meaning any area that has signs up) to show that they didn't have one up. That way they can't put one up in the meantime.

Whoever said to bring a witness and take pictures everytime you go is 100% correct! Just do it, even though its a pain in the butt. It may come in handy.

Can't offer much more... I will ask a friend more knowledgeable in the area and see if I can post some more advice.

Good luck!

voidunknown · 10-12-2004, 09:03 PM

Quote: Originally Posted by ufearme3

First, gotta say that sucks! My sympathies are with you!

Did the car wash joint have a sign that says "we are not responsible for any damage... etc etc etc"? Be sure to note whether they did or did not. That sign does NOT allow them to go off scott-free but they will sure try to use that. If they didn't have one you are in great shape. If they don't have one up, take pictures of the establishment (meaning any area that has signs up) to show that they didn't have one up. That way they can't put one up in the meantime.

Whoever said to bring a witness and take pictures everytime you go is 100% correct! Just do it, even though its a pain in the butt. It may come in handy.

Can't offer much more... I will ask a friend more knowledgeable in the area and see if I can post some more advice.

Good luck!

That would be greatly appreciated. Won't they wonder what I am doing on their property taking pictures of their grounds though? That probably wouldn't fly. I have seen a sign that says they are not responcible for "lost items" in the car, but not for damaged items. And the sign is only viewable AFTER you pay to have your car washed and walk outside to wait for it.

toadster123 · 10-12-2004, 09:14 PM

having photographs etc. will most likely strengthen your case, and also show the judge that you are serious about it etc.. the more info, proof, etc. you have the better (im assuming so at least) ...

voidunknown · 10-12-2004, 09:15 PM

Quote: Originally Posted by toadster123

having photographs etc. will most likely strengthen your case, and also show the judge that you are serious about it etc.. the more info, proof, etc. you have the better (im assuming so at least) ...

Right, etc.

Thanks for the input. Excuse the smart remark, I needed a little humor.

fantomas · 10-12-2004, 09:49 PM

i'm currently taking my third law class...so i'll do the best i can to maybe clear things up. first of all it is a civil case (not criminal where you have to prove beyond a resonable doubt) so you just have to prove your case by a perponderance of the evidence, meaning if its likely they did it, they did it.

did you happen to file a police report? it doesn't sound like you did so i'll move on.

having before/after pictures would help. after pictures are the most important.

not including "labor", how much did the screen cost? (you should have a copy of the reciept). also have a copy of the reciept they gave you when you got the car washed.

um..thats all i can think of for now. try and talk to a lawyer and see what advice s/he can give you. if the first one wont give you free advice call someone else.

thats the best i can do for you. i was never too into small claims like this. im currently studying entertainment law but these are just a few things i picked up from my first 2 classes

technojunkie · 10-12-2004, 09:56 PM

You may also want to read any fine print on your receipt from the wash to make sure there are no disclaimers there.

On the flip side... If you lose you can get revenge pretty easily.

Just spend a few days walking up and down their sidewalk wearing a sign describing their 'customer care'. Worst case for you they lose business, better case they come out and hose you down with water or get into a scuffle with you. (make sure someone is videotaping). A fella did that here where I live, he had a beef with his lawyer 'not properly representing him' and did the same, the lawyer came out and tore off his sign and threw it at him, all on tape. The gentleman got a pretty sizable settlement off of that one

Bob0_o · 10-12-2004, 10:25 PM

Here are some important things to do:

1) Get 3 prices from different places for a new screen, same if you want to get labor. You need at the very minimum two if you cant get 3. The judge will not go by just one estimate that you bring

2) You cannot sue for lost wages for filing, preparing, or attending court in your particular case.

3) The best thing would be to have all 3 witnesses present. Judges tend not to take sworn affidavits as serious as witnesses there in person

4) Do NOT sue for more than you actually lost due to the screen being scratched. The purpose of court is to be made whole, not to award you money.

5) Keep all records of every person you talk to there, and get lots of pictures

6) I would recommend filing a case with the BBB first and see if the carwash will goto mediation. Even if it does not work out, the judge will see that you made that effort to resolve it

7) Expect to wait up to several weeks / months to actually go to court depending on how busy your local courts are

8) Good luck, and I would be happy to answer any more questions

pimpJ · 10-12-2004, 10:35 PM

Quote: Originally Posted by voidunknown

That would be greatly appreciated. Won't they wonder what I am doing on their property taking pictures of their grounds though? That probably wouldn't fly. I have seen a sign that says they are not responcible for "lost items" in the car, but not for damaged items. And the sign is only viewable AFTER you pay to have your car washed and walk outside to wait for it.

I hate it when people think that warning you of something justifies it. Like in my mind, a "warning - not responsable for lost items" sign doesn't justify them taking items..

gospeed.racer · 10-12-2004, 10:43 PM

Stupid question time, and dont take it wrong, but cant you just buy a replacement touchscreen? I agree 100% it sucks, but worse case scenario maybe that will be the "cheap fix"

VanMan69 · 10-12-2004, 10:50 PM

Quote: Originally Posted by voidunknown

That would be greatly appreciated. Won't they wonder what I am doing on their property taking pictures of their grounds though? That probably wouldn't fly.

Wouldn't fly with whom? They can't do a damn thing about it. There's nothing illegal about taking photographs of public areas.

And if they ask why you're taking photos, just tell them...

"So I can use them to whoop your sorry *** in court, since you scratched my monitor with your pencil dick, Pencil Dick."

Tidder · 10-12-2004, 10:50 PM

It will take a while though, our local small claims court takes about 6 months before you even show up before a judge.

jjh221 · 10-12-2004, 11:05 PM

The way i see it. Your life was set on one path you had thought was to be. Someone there made a mistake wich they should have to pay for. I believe you should recieve all and any costs, such as screen, time, courtcosts, and perhaps install... You did not plan on this in your life, they made a mistake and should have to pay for it. I would pay them for their work, even though it was very poorly done, ask for what they have cost you and if you try to get any more money than what is necessary, that will be a big hit agains you with the judge. Keep it straight dont worry about gettin your stories together, go in there relaxed yet determined to make things right. Edit: grr what do i use for new parapraph <p>
I think they didnt want to pay for it becuase they have no proof you did not do it yourself and to see how serious you are about it. They should have still said they would work with you and not be so straight to say they can not have flaws.
good luck
J