Well, I'm Goin' To Court... - Page 4

voidunknown · 10-13-2004, 12:32 AM

I would like to take the time to thank everyone here for their support and input. I hope you all will continue to answer my questions and stand behind me. I will keep you all updated as things move alot. Tomorrow I will be filing a complaint with the BBB and see where that takes me. I will also be taking some pictures as soon as I can. I am documenting everything as I go along. Sheesh, what a pain in the ***, just to get my own stuff fixed.

Rafster · 10-13-2004, 01:46 AM

Hey,

I feel for you man. Carwashes do this all the time. Some pretty stupid **** has happened to me at a couple of places. The last time something like this happened to me, I was driving my girlfriend's mom's minivan to get it washed (with her permission). I go there, pay for the platinum wash ($30.00), and wait in the waiting room. When they tell me that it's done, I go pick the car up, and I notice that the middle window is off it's hitch. I ask them what happened, and they said that that was what it was like when it got there. I start to get really ****ed because the car was in pristine condition when it got there. Just wanted to get it washed, waxed, and vaccumed, cuz it was getting sold the next day. Well, long story made short, after driving quite a few customers away with my ranting and raving, one of the guys fesses up that they had locked the car doors and closed them by accident, so they broke in through the window. I was still ****ed cuz the idiots could have just asked me for a key. They knew I had it. We were paid to have it fixed, and were given a coupon book with free washes, etc....

Never went back, never will. I figure, I'd rather clean the damn car myself than to go through this **** with them.

Hope everything works out for you bro.

Peace,

Rafster

voidunknown · 10-13-2004, 01:49 AM

Quote: Originally Posted by rafaelsherman

Hey,

I feel for you man. Carwashes do this all the time. Some pretty stupid **** has happened to me at a couple of places. The last time something like this happened to me, I was driving my girlfriend's mom's minivan to get it washed (with her permission). I go there, pay for the platinum wash ($30.00), and wait in the waiting room. When they tell me that it's done, I go pick the car up, and I notice that the middle window is off it's hitch. I ask them what happened, and they said that that was what it was like when it got there. I start to get really ****ed because the car was in pristine condition when it got there. Just wanted to get it washed, waxed, and vaccumed, cuz it was getting sold the next day. Well, long story made short, after driving quite a few customers away with my ranting and raving, one of the guys fesses up that they had locked the car doors and closed them by accident, so they broke in through the window. I was still ****ed cuz the idiots could have just asked me for a key. They knew I had it. We were paid to have it fixed, and were given a coupon book with free washes, etc....

Never went back, never will. I figure, I'd rather clean the damn car myself than to go through this **** with them.

Hope everything works out for you bro.

Peace,

Rafster

Sorry to hear that happened to you, believe me, I understand now.

Oh yea, I forgot to mention they tried to bribe me with 2 free car washes!

antimatter · 10-13-2004, 02:00 AM

Like the other brotha said worst case scenerio is you replace the touch pannel. 45 bucks

mushin · 10-13-2004, 03:48 AM

Note to self: continue washing and cleaning car my own damn self

Good luck with your case.

hcker2000 · 10-13-2004, 05:55 AM

I'v never been to any car washes before and this is the reson why. My friends and I always just go to one of the do it yourself places. That way nothing is stolen/broken. I have been to court for a speeding ticket before (was under 18 so I had to go). My advice to you is just be yourself and be honest with the judge (or who ever the head guy/girl is). When I was there there were quite a few people other than me who had been cought for speeding (of corse I'm sure no extra people will be there in your case). They all had there dress pants and shirt on with a tie. Of corse thats not realy my favort type of cloths (who realy likes to where that stuff?) so I just wore a t shirt with some orange tribal flames , shorts, and sandles. I'm not going to go into all the in cort stuff because its realy boring. Long story short I ended up with a better "deal" then all of the other people in the room. I think this is realy because I didn't try and act like some one I'm not.

Alright that killed some time well im at work

ps. If any one is interested it cost me $83 usd and I had to go to a four H safe driving school for two hours. I was doing 75 in a 65 so the cop says (I know it was more like 80 or 85 but I didn't argue)

DarquePervert · 10-13-2004, 07:07 AM

Quote: Originally Posted by voidunknown

Sorry to hear that happened to you, believe me, I understand now.

Oh yea, I forgot to mention they tried to bribe me with 2 free car washes!

Dude, they're so full of it with bribes like that.
When I first bought my Tacoma (the 2002 that eventually got totalled), there was one flaw: A big scratch above the fuel filler door.
It looked like someone missed the fuel filler with the nozzle from the gas pump.
So the dealer says they would fix the scratch. No big deal, as it was good customer service.

When I take the car to the body shop to get the scratch fixed (it was relaly more like a gouge in the paint), the ****** tries to bribe me with a bedliner.
A cheap-*** plastic drop-in bedliner!!!!

I'm certain it was cheaper for them, because the labor to install a bedliner is about 5 minutes, but repairing the scratch was several hours. I asked the guy what he was on, and if he was willing to share. He didn't like that too much.

Rafster · 10-13-2004, 12:48 PM

Quote: Originally Posted by DarquePervert

I asked the guy what he was on, and if he was willing to share. He didn't like that too much.

LOL! ROFL.

Yeah, I ask that to people that say stupid ****, all the time. They don't seem to enjoy it. LOL

Peace,

Rafster

hd54321 · 10-13-2004, 01:21 PM

I always thought Carwashes had multiple disclaimers that would absolve them of every crime you could think of - even if they crash your car and hose it down with sulfur. BUT - I don't think any disclaimer, agreement or contract can be held up against an act of negligence. Check into this and confirm against your own state laws.

Also, I would send a letter to the carwash prior to filing court papers. Threaten legal action if they don't respond within 15 days - or something to that affect. Remember, when you file a small claims case, you will be out-of-pocket on filing fees, serving fees, and the massive amount of time to complete all the paperwork. So, first just send a letter threatening action - if they call you to settle, you just saved yourself a lot of time and in the end, your time is worth A LOT more than the cost of replacing that touchscreen.

In addition, here is a piece of advice. I worked in a law office for a few years and I was ALWAYS told that it's easy to get a judgment against someone, but the real difficulty is actually executing the judgment and collecting the award. In California, executing the judgment in a small claims case is always left up to the Plaintiff and if the Defendant refuses to cut you a check (which happens ALL the time), you have to go after their assets. This means, you have to pay a company to find out about their checking accounts and other liquid assets. Than you have to go back to court and file more papers asking if you can execute a money judgment. Than you have to pay a sheriff to go execute the judgment and collect the $ from the bank. There is always the chance that the checking account can be empty and you're basically screwed.

Anyways, long story short. First, send a letter with all your complaints and a copy of all your evidence. If they don't respond, send another letter (possibly from an attorney who can do it for free) than, if that fails, follow another course of action.

-HD

voidunknown · 10-13-2004, 03:19 PM

Quote: Originally Posted by hd54321

I always thought Carwashes had multiple disclaimers that would absolve them of every crime you could think of - even if they crash your car and hose it down with sulfur. BUT - I don't think any disclaimer, agreement or contract can be held up against an act of negligence. Check into this and confirm against your own state laws.

Also, I would send a letter to the carwash prior to filing court papers. Threaten legal action if they don't respond within 15 days - or something to that affect. Remember, when you file a small claims case, you will be out-of-pocket on filing fees, serving fees, and the massive amount of time to complete all the paperwork. So, first just send a letter threatening action - if they call you to settle, you just saved yourself a lot of time and in the end, your time is worth A LOT more than the cost of replacing that touchscreen.

In addition, here is a piece of advice. I worked in a law office for a few years and I was ALWAYS told that it's easy to get a judgment against someone, but the real difficulty is actually executing the judgment and collecting the award. In California, executing the judgment in a small claims case is always left up to the Plaintiff and if the Defendant refuses to cut you a check (which happens ALL the time), you have to go after their assets. This means, you have to pay a company to find out about their checking accounts and other liquid assets. Than you have to go back to court and file more papers asking if you can execute a money judgment. Than you have to pay a sheriff to go execute the judgment and collect the $ from the bank. There is always the chance that the checking account can be empty and you're basically screwed.

Anyways, long story short. First, send a letter with all your complaints and a copy of all your evidence. If they don't respond, send another letter (possibly from an attorney who can do it for free) than, if that fails, follow another course of action.

-HD

Thanks for that advise. I already talked to the District Manager on the phone, he basicly told me to screw off. I know sending a letter won't do any good.

nirvanades · 10-13-2004, 04:01 PM

Only Advice I can offer is simple. State your facts - NEVER change or be "kinda" unsure. State for fact that when you dropped your car off, there were no scratches of any kind. When they gave it back to you, the scratches and gouges were there. END OF STORY. A judge will look for the person that isn't 100% and weigh their decision the other direction. Do NOT bend, Do NOT change - have an idea of what you want to say... Keep it clean - don't offer any information other than the facts at hand. Good Luck - and you'll do fine. Small claims judges know people are nervous and don't want to sue - so don't worry about it. Also the BBB sucks - they are a useless organization. They are a for-profit company that is looking to make a buck. If the carwash has already shown disdain - ignore the BBB and go straight to small claims. Make sure you file to recover all of your fees - photo processing for court, copies, serving papers, court filing fees, etc. This shows the judge that you are organized and serious.... Make sure to have 3 copies of everything - one for you, one for the court, and one for the defendant. If the guy who washed your car isn't present - you will have a VERY good chance - since the owner/defendant won't specifically know the real story.

voidunknown · 10-13-2004, 05:10 PM

Wow, great feedback there. 3 copies of everything, that is a great idea. Thanks for that nirvanades.

nappyjim · 10-13-2004, 06:12 PM

Letters can get lots of stuff resolved, but only if its from a lawyer.

Cause I mean, companys have people calling them and complaining everyday. The way they look at it, "ok this person is complaining, but aint gonna do ****, so i wont budge"

But, if they get a nice little letter with the lawyers name, address, the whole 9 yards to prove its real, they are MUCH MUCH more likely to change thier mind cause they know you are serious now.

Problem is finding a lawyer willing to do this for a very small fee. Just tell him if the letter doesnt work, then you will take him to court yourself. This is when having friends in the legal department help.

editL if you wanted to live a little on the edge, im sure it wouldent be hard to go by some nice 65# card stock, make up a lawyer header and send it to them yourself.

voidunknown · 10-13-2004, 06:21 PM

Quote: Originally Posted by nappyjim

Letters can get lots of stuff resolved, but only if its from a lawyer.

Cause I mean, companys have people calling them and complaining everyday. The way they look at it, "ok this person is complaining, but aint gonna do ****, so i wont budge"

But, if they get a nice little letter with the lawyers name, address, the whole 9 yards to prove its real, they are MUCH MUCH more likely to change thier mind cause they know you are serious now.

Problem is finding a lawyer willing to do this for a very small fee. Just tell him if the letter doesnt work, then you will take him to court yourself. This is when having friends in the legal department help.

editL if you wanted to live a little on the edge, im sure it wouldent be hard to go by some nice 65# card stock, make up a lawyer header and send it to them yourself.

Yea, but I don't want a fake lawer name to backfire on me in court. I don't think that part is a wise idea.

ash · 10-13-2004, 06:36 PM

I can see it now
lionel hutz, attourney at law. Graduated from springfield