Winning Our Case in Small Claims Court

The following is a guest post from reader Elle, who shares her story above being treated poorly by her mechanic and how she got justice via small claims court. She writes about handling family and finances responsibly at CoupleMoney.com

I will tell you right now that suing someone is a tedious and process. I know this because had to do it to recover money due to our auto shop’s big mistake. We couldn’t afford a lawyer, so we represented ourselves against the shop’s lawyer and won. Before I get start on how we did it, I should explain how we ended up in the position where we had to sue.

Car Repair Gone Bad

We had used this repair shop before and never had any trouble. If a repair was going to take longer than a day, they would call us when the work was completed. When I made arrangements with the mechanic he said it would take a couple of days for the work on the transmission.

After a few days, we hadn’t heard anything so my husband called to check the status of the car. The cashier told him it was already fixed and had been waiting for a while. My husband was surprised they didn’t call him as agreed, but also happy he could get his car back. He paid for the car repair and was given the keys. They attendant pointed out that the car was off the lot, parked on the street. Where we live, it is common knowledge that certain city streets flood on a regular basis. Everyone moves their cars to another street or higher ground as a precaution. This shop had been there 30 years. As you can probably imagine, the car was wet on the inside. My husband was able to start it and went home.

After going around the corner and driving a 1/10th of a mile, the car sputtered and died (a span of 5 minutes). My husband pushed it to a side street and called the shop immediately. He explained the problem and was told that he should let the car dry out.

Long story short, the car didn’t start. The repair shop they were not responsible. They said that a thunderstorm, not a hurricane or tropical storm, was an ‘act of God’. The rain accumulated on the street and water got into the car.

Giving Us a Hard Time

Seeing as we’ve done business with them before, we requested that they tow it and identify the damage in the car. We were willing to work with them, thinking that they would feel some responsibility. Unfortunately, they were unwilling to budge. The shop claimed that we called in the evening instead of immediately afterward. Even though we had proof we made the call, they ignored our calls.

We were frustrated and down to one car. Eventually we were able to find another mechanic who was able to diagnose the problem and fix it. The problem was that the repairs for the electrical work were over a grand and we had to get a rental car.

After much deliberation, we decided to go ahead and file a small claims lawsuit.

Preparing for Small Claims Court

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