Well, I'm Goin' To Court... - Page 5

Rafster · 10-13-2004, 07:38 PM

Quote: Originally Posted by ash

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

LOL

Peace,

Rafster

techeros · 10-13-2004, 07:54 PM

why not bring in the guys that worked that day. Make the guy that washed your truck/clean the inside swear on the bible. Did it happen from the vaccume hose? Let them testify, I bet the owner will let his employee pay vs the owner having to pay. Fingerprints? Sound extream but heck, I ramble and I don't know much about the law.

voidunknown · 10-13-2004, 07:59 PM

The things you are talking about only happen in a criminal case I believe. I don't think anyone gets to testify in a civil lawsuit. I could be wrong.

sheerdark · 10-14-2004, 01:18 AM

From my personal experience, you are always better off with a police report. Courts look at police reports as "the word of God" (even though cops often will lie for friends, this happened to my mother) and will listen to what a police officer says, however, in your position, the cop might have given you flack. However, you said that the scratches were not there before, and the cop should be required to at least write it all down and give you a case number.

I know that's what I do since I was screwed by one of the "quick" oil change companies. The durn oil change cost me $40 and then one day later, the oil filter came loose and sprayed oil all underneath and on the rear of the car. My engine was pinging by the time I had a chance to pull off the road. I ended up in a KMart parking lot, so I bought more oil and there was a Kauffman Tire nearby and a mechanic came out and tightened up the oil filter and told me that it should be ok to try to start it, because I couldn't do any more damage. After he listened to it run for a minute, he told me it should be safe to drive it to my mechanic to take a closer look. My mechanic listened to it with a stethoscope and said it sounded fine, luckily. However, when I tried to get the oil change place to refund my money for the oil change (b/c I had to re-buy more oil) and pay for a full diagnostic check of my car, as well as to clean my car up....they refused. I didn't have time for court, being a college student, so I took it by their place again and stayed there until they agreed to at least clean my car for me. They claimed that it was common for oil filters to come unscrewed (yeah, if you don't know what you are doing) and that a new hire was working on my car that day and he screwed up! Needless to say, no matter how much I yelled they wouldn't pay out....so I left. The car didn't have any problems again and I count myself lucky. However, I totalled it a few months later, so who knows?

You sound like you have a pretty strong case, but I think most of the uncertainty lies on the attitude of the judge at the time. If they've ever been scammed or treated like this in the past, he/she will be more likely to side with you, because it does happen ALL THE TIME to almost everyone.

In regards to the BBB, they are basically worthless in my experience. Companies have to pay them in order to become a member, from what I understand. Are they going to be willing to lose that company for you. On a sidenote, you can file BBB reports online, just don't expect too much. Also, you should check to make sure the company is a member, if they are not - the BBB cannot do anything for you!

I filed a BBB case for false advertising by Cox Communications and all I got was a free month...and Cox was still allowed to falsly advertise their prices....Way to go BBB! I have no other choice in cable providers in Macon, as Cox holds the whole market. I also can't have a satellite b/c the apartment complex does not allow them...so I had to go along with the decision. And don't even get me started on the Natural Gas system in Georgia. The gov't breaks up Atl Gas & Light b/c they are a monopoly, yet now it costs even more to get gas service, because all the lines are owned by AGS....ARGGG! The corporate world will never be for the conusmer, I guess it's something we have to get used to. That's why when I find an honest business, I stick with it....but it's getting harder and harder to find.

I wish you the best in getting this resolved....way to stand up for your rights! I know too many people that would just let the place walk all over them (which is why they don't offer to pay)...and that just ain't right.

Matt

voidunknown · 10-14-2004, 01:36 AM

Thanks for the advise Matt. Sorry to hear about your car. Everyone now days is out to make a quick buck, at anyone's expense. I'll do my best to resolve the issue.

BiohazrD · 10-18-2004, 11:27 PM

To answer the question as to if the car wash would be responsible for lost wages, no, they would not. Primarily due to the fact that you have elected to take time to attempt a resolutin. You were not forced to do so.

voidunknown · 10-19-2004, 12:19 PM

Quote: Originally Posted by BiohazrD

To answer the question as to if the car wash would be responsible for lost wages, no, they would not. Primarily due to the fact that you have elected to take time to attempt a resolutin. You were not forced to do so.

Alright. Thanks for that piece. I went and got some pictures on Sunday. The district manager told me over the phone that no employees are aloud to where any metal on their bodies, included belt buckles and they are checked everyday before they start work. So, I went to the car wash and what do you know? I found 4 metal belt buckles and a lot more metal hanging out of peoples bodies. I got some nice pictures to show the judge.

hd54321 · 10-19-2004, 12:26 PM

DUDE - you need to write letters! Phone call are BS. You need to write a letter to the DM confirming what he told you on the phone so that you have it in writing. The mail needs to be certified with a return receipt. The point is to have it documented in an acceptable format.

Phone calls are bull****. The DM can deny the phone calls ever took place and so it's your word against his. You need to document the phone call in a letter to him and send it via certified mail, return receipt requested. It doesn't matter if you get a response or not, the point is to document everything in a letter so that you could produce it in the courtroom if you go that route.

My advice is - DON'T call him again! Write everything in a letter. If he doesn't respond, it builds your case up that the carwash is ignoring you.

-HD

falconey · 10-19-2004, 01:28 PM

Quote: Originally Posted by hd54321

DUDE - you need to write letters! Phone call are BS. You need to write a letter to the DM confirming what he told you on the phone so that you have it in writing. The mail needs to be certified with a return receipt. The point is to have it documented in an acceptable format.

Phone calls are bull****. The DM can deny the phone calls ever took place and so it's your word against his. You need to document the phone call in a letter to him and send it via certified mail, return receipt requested. It doesn't matter if you get a response or not, the point is to document everything in a letter so that you could produce it in the courtroom if you go that route.

My advice is - DON'T call him again! Write everything in a letter. If he doesn't respond, it builds your case up that the carwash is ignoring you.

-HD

It's cool to write letters, but in this instance it's not nescicary. The DM won't even be at the proceedings. Of course writing letters and sending copies of those pics you took may help you avoid having to go to court. When you go you need evidence that this could have happend. It doesn't matter what there policy is about what ppl wear. All you have to do is prove that the Car Wash(or it's employees) probably screwed the screen over. So pics with rings, belt buckles, hanging jewelery etc is a good place to start as far as negligence evidence.