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
For those not familiar with small claims court, I want to explain a few things about it. Small claims court is usually for cases involving claims of less than $5,000. A benefit of small claims court is that you do not need a lawyer, even though having one is great, as it is simplified to expedite cases.
With small claims, there are two types of warrants. The first is Warrant in Debt which is when the plaintiff (the one suing) is trying to get money from the defendant such as when you are seeking to be reimbursed due to negligence on the defendant’s part. The second is Warrant in Detinue which is for recovering your property from another person. As you probably guessed, we used a warrant in debt for our case.
When you file the lawsuit you have to get all the required information on the other party. We had to find the registered agent for the shop and the corresponding address. Don’t think you can file in small claims during your lunch break; it takes a bit of time. The good news for us was the helpful staff at the court. They walked us step by step with paperwork.
We didn’t want to go into looking unprepared, so we took the time to get everything ready to present the best case we could. We certainly had some time as the shop’s lawyer requested a continuance.
Here are some tips that helped us and hopefully it can give you a place to start.
- Keep track of everything. Have a writing pad with you at all times and write down any and all conversations that you’ve had regarding the case, whether it’s in person or on the phone. Take pictures of anything related. Keep notes on the time and names of persons you spoke to. When you appear at court, this is extremely helpful.
- Have paperwork organized. I cannot emphasize this enough. Have all your paperwork ready is crucial. You’ll be nervous when in court, so having everything organized, preferably a notebook, is great. Keep all the originals and make copies of everything related to the case.
- Gather witnesses or experts if you can. Witnesses that can provide firsthand information on a case are extremely useful. We didn’t have any witnesses, so we asked our mechanic that repaired the problem to assist us. We were grateful that he accepted.
- Consult with a lawyer if possible. Unfortunately our case was too small for a lawyer to take on. I took advantage of my status as a college student and asked a professor who was an attorney for advice on the case.
Small Claims Court: Presenting and Winning Our Case
Nervous as we were, we knew that we could win our case if we did what we practiced. We observed some common mistakes with other cases that we did our best to avoid.
- Assume you’re entitled to win. I was surprised with how arrogant some plaintiffs were. They honestly believe that they deserved to win, even if they presented a flimsy case. Cases are decided on merit, not emotion. Give the judge facts and reasons why you should win the case.
- Being unprepared. Others had the facts, but did not have evidence to back it up. Lacking proof, it’s really a case of he said/she said, which rarely works out for the plaintiff.
When our case was called, we gathered our notes and we did our best to present our case as clearly and logically as we could.
Our main arguments in our case hinged on two facts:
- The auto shop never called us when the work was done. If they did, we could’ve picked it up before the rain. We had proof of this because we checked, reviewed, and bought our phone records. We also presented a copy of our work order which specifically stated they would call us when the work was completed.
- The auto shop should have never taken our car completely off their property onto a city street. There were no other cars scheduled for repairs, so there really wasn’t a reason to move it off the site. The shop itself was well elevated so keeping it there would’ve prevented all this water and electrical damage.
Both of these actions were completely in their control and both were clearly their responsibility. We also called our new mechanic to explain the cause of the damage and how easy it would’ve been for them to diagnose the problem. He also helped point out how the auto shop’s lawyer’s arguments and assumptions were incorrect.
After presenting all of our receipts and records that we had, we were awarded all our money back minus a day for our car rental (we couldn’t find that receipt). We went to the lawyer’s office a few weeks later to collect our check and sign the remaining paperwork. While I’m happy it worked out in our favor, it still was a headache. Sometimes, though, you have to use small claims court to get justice.
Thoughts on the Case
Do you want to know what bothers me the most? This could have been fixed for under $150 if the mechanic fixed it right away. We definitely did the right thing by fighting for our money and making the shop take responsibility for their actions.
I’m curious to hear your thoughts on handling matters through small claims court. How did you prepare? What did you find difficult?
By Jonathan Ping | Frugal Living, Legal | 10/27/10, 5:00am
October 27th, 2010 at 5:20 am
That’s a fantastic step by step walk through of the process. I enjoyed reading it, especially the fact that you ended up getting the money back for the repairs.
I’m sure the hassle of the whole thing wasn’t worth it but at least justice was served!
October 27th, 2010 at 7:00 am
Great article. Thorough, organized, rational. No wonder you won the case.
In California, the maximum small claim is $7500.
October 27th, 2010 at 7:35 am
This story is really the exception and not the norm. Most people who sue in small claims court never see a dime. That the defendant’s attorney was cutting you a check within weeks of the hearing is almost unheard of (by the way – did the attorney really participate in the hearing?? in most states that is not permitted). Normally, successful small claims litigants are left registering their judgments and trying to collect, which is a whole other process. Collecting often takes years and sometimes never happens.
Kudos to you for your success, but don’t be deceived into thinking it is this easy. More people go through the same level of preparation but never see a dime.
October 27th, 2010 at 9:12 am
how do you know the shop had no other cars scheduled for repairs? sorry if missed it…
October 27th, 2010 at 10:29 am
One thing to keep in mind with small claims is the winning in court in NO way guarantees you will be paid by the defendant.
I have been awarded over 700 in small claims (a situation similar to yours, but with a national chain-type of a garage). After the award, they simply refused to pay.
The court can’t make them pay. The court marshal wrote them a letter stating that they have to pay, and they still refuse. The court cannot do anything about it.
Had I payed by check, I would have had their bank. IF you have their bank name, then the court can sent the bank a letter and the bank will be obligated to withdraw funds from their bank account. But I payed by credit card and so don’t have their bank name.
Another option is to pay the Sheriff’s departments and they will send in a Sheriff who will do what’s called a “till tap” where they empty the business’ cash registers and turn the money to you.
The problem is, this place has almost no cash on hand. Most transactions are on credit.
I am out of legal options in my county (re collecting the money).
The lesson is the winning in small claims does not guarantee that you will get your money.
October 27th, 2010 at 11:18 am
Good question Tom – the mechanic made an off hand comment that it was a slow week plus it came out during the court case.
October 27th, 2010 at 12:38 pm
FANTASTIC STORY! I don’t get how some people operate their businesses. This guy lost a customer and had to pay for an attorney! I mean come on.
October 27th, 2010 at 3:02 pm
I am surprised you got paid that easily. I got sued many years ago over $80 and lost because I never showed up for court. I NEVER paid the person a dime so they pretty much wasted the cost of filing.
October 27th, 2010 at 4:35 pm
Awesome story! Thanks for sharing. I’m curious about one thing though:
You say ” He also helped point out how the auto shop’s lawyer’s arguments and assumptions were incorrect.”
What were the auto-shop’s lawyer’s arguments and assumptions? How did they attempt to defend themselves against your claim?
Thanks!
October 27th, 2010 at 4:48 pm
“He also helped point out how the auto shop’s lawyer’s arguments and assumptions were incorrect.”
Could you explain more about that.
Also it sounds like you got him into a conference call. I’m curious how the small claims works, are you sitting infront of the judge in a courtroom or in a conference table.
Fantastic read! Best Regards
October 27th, 2010 at 9:05 pm
That’s a great story Elle. All of my previous knowledge about small claims court came from the few episodes of “Judge Judy” so your article was very enlightening. Thanks again!
October 28th, 2010 at 4:04 am
Fantastic!
I love to hear stories about the little guy winning!
October 28th, 2010 at 4:37 am
I am curious to know why you didn’t sue them for an entirely new car. Isn’t flood damage something that goes on the title of the car and can cost you when it comes time to sell the car – as the next buyer will not pay the same for your car as a car that was not damaged in a flood?
October 28th, 2010 at 7:55 am
Please (PLEASE!) do us all a favor – if you are a member of Angie’s List, file the report there as well for other list members in your community to see as they evaluate their choices for automotive repair.
Shops change hands, new owners, different mechanics, etc. I have experienced that as well – where a trusted shop went from one generation to the next and their service and ethical standards plummeted. Sad when it happens, but when it does happen, we need to let others know. Conversely, when we get good service, we need to reward those businesses as well.
October 28th, 2010 at 9:41 am
How much was the judgement? How much were your expenses? How much time was involved?
October 28th, 2010 at 9:54 am
FYI, Judge Judy and all the other TV judges are NOT in real courts. Think about how Mills Lane went from being the boxing ref in the Mike Tyson matches to a “judge”.
All those TV “judges” do is binding arbitration, where the parties agree to be held to the terms that the arbiter (in this case, Judge Judy) decides to do.
Real Judges can be bombastic, but practically all the TV ones have no sense of decorum.
And also, there is nothing preventing a person to file a lawsuit outside of small claims court without a lawyer (filing “pro se”). The judgment amount you’re seeking in a lawsuit does not limit your ability to self-represent yourself in any court of law (but the claim amount would limit which courts you could file your case in).
I’m sure though that small claims is easier to do since the system is designed mostly for non-attorneys.
October 28th, 2010 at 11:22 am
Sorry, I disagree with the verdict.
October 28th, 2010 at 12:36 pm
I hate that they didn’t want to take responsibility even though it was clearly their fault. Also the fact that you had a relationship with them makes it even worse. You definitely did the right thing. Now let’s hope they honor the judgment!
October 28th, 2010 at 6:35 pm
Well, I TOTALLY agree with the verdict and I’m really glad you got your money. There have been a couple of times I’ve wanted to take businesses to small claims, but I know it’s quite a hassle. Congrats on winning one for the little guy!
Thanks to YS for explaining “till tap”. There have been times (a real piece of crap dry cleaner) where I would have gladly paid the Sheriff’s department more than my settlement just to make a point.
October 28th, 2010 at 6:59 pm
What a great story!
I could not imagine the troubles and frustrations you guys had to go through simply because of someone’s lack of common sense and sense of responsibility. Yet glad to know that you have won the case.
Thanks again for the great story!
October 30th, 2010 at 7:46 am
First of all, Congrats on winning the lawsuit. That doesn’t happen often according to me. I can imagine the feeling of arguing in the court yourself. I been to eviction filings for my rental property and even tried traffic ticket on the court. It is not easy and you are not in control so you have fear of losing all the time. I really commend you for taking the choice to file the suit and win it and write about it.
I actually want to take on my prevous tenant to Small court for rental payments but not sure small claims court can help me. Let me if they can. They owe me 2 months rent and i had to evict them. I even tried to get collection agency but amount is low enough for them to try it.
Anyway, great tips and ideas to prepare for the suit which will come in handy.
Keep writing.
Vijai
October 30th, 2010 at 10:59 am
Thanks everyone for the support!
@YS: I’m surprised about that. I didn’t know that could happen with court cases.
@Emily: Apparently the owner of the business did not inform the lawyer of the details. I was surprised that they brought it a witness that was not present when my husband picked up the car. They brought in another cashier from a different shift.
@smith: It was in a courtroom with all of us in front of a judge.
@Tom M: Based on conversation we had with a lawyer, it would’ve been much, mucher harder to do. Our car was old, so it wasn’t a huge incentive to go for that. It would’ve been nice to get a new car.
October 31st, 2010 at 5:29 am
You go, girl!!
November 1st, 2010 at 1:43 pm
re: Those who don’t get paid after a judgment:
1. Find or locate any and all assets the plaintiff may have – use Google and the county clerks office, old checks, etc.
2. Go to court and get a lien filed against those assets. If liquid, the manager will usually pay right away, if real property, the owners can’t sell it until they release the lien – i.e. pay you WITH INTEREST.
3. If they are individuals with jobs, ask for a contempt of court cite – the plaintiffs will usually pay up versus going to jail. If they are total dirtbags that you can’t find then it’s usually not worth your time, but anyone else who has to pay the bills becomes very reasonable when faced with a bench warrant for contempt.
November 1st, 2010 at 5:37 pm
Thanks Hank.
In my case, it is a company that has been located in the same building for over 30 years.
They are not planning on moving out anytime soon. If I place a lien on it (and I am planning on doing it), I might not see payment for another 30 years or never if they never decide to sell the building.
Agh, I just wish they weren’t such dirt-bags about it.
November 7th, 2010 at 7:46 am
YS – If you place a lien on real property, you don’t have to wait until the property is sold. You can foreclose. Trust me, that will get their attention. If in fact they own the property, slap a lien on before it’s too late. Real property liens are usually the best way to get paid, and fast. Results and processes vary by state.
Failing that, check your court rules and see what the process is for calling a debtor’s examination. Just google it for more details. Certainly they have a bank account somewhere. You can learn that in a debtor’s exam.
If it’s a substantial amount of money, hire a collection attorney to do this for you. If, as a you say, it’s a national chain that is the judgment debtor, you can get them to pay.
November 12th, 2010 at 3:08 pm
Your comments about organized paperwork and records are right on. In the past I had to represent my employer in court many times and it was accurate records, emails, and signatures that made a huge difference.
June 8th, 2011 at 1:10 pm
I am going through a similar situation and have a case on June 30. I feel that I am very prepared and am bringing witnesses and photos of the damage they caused. Wish me luck!!
December 15th, 2011 at 9:17 am
I lost a small claims case. Judgement made against me dismissed without costs. the net judgement cost of $10500 was made in favour of plaintiff. I don’t have all the funds, I can only pay plaintiff $5000 now. what are my options…please help
April 28th, 2012 at 8:10 pm
I had my car done at crown Honda for a timing belt and water pump change. It’s been a yr and a half now. I put a little over 9 k on it. On wed while driving to Sacramento for a family visit, my car dies. I try cranking it, it would not turn over. We had to push it to a nearby shop. The next day the shop found the problem. They discover a bolt which was lodge on the bottom of my cam gear and the belt had been grinding it. The timing belt was half way shredded down to where it could not crank over. Luckily it did not break, or else we could have been into a big accident and my car would have been totaled. I had the shop that we push to put a new belt on. Cost was 280$. All the time we were down there we lost time with family because of the repair. Long story short we drove the car back to Redding(270 miles) my home. Now the issue comes down to can I sue Honda and win this case. I have the worn down belt, the bolt, pictures that the shop took, and the receipt from the shop that repair my belt. On the receipt the owner put the detail what they found inside of my timing gear compartment. I want to take this to small claims court since the Honda dealership is only willing to pay me the 280$ for the reimbursement. I want to get the 280 and the labor that the Honda shop did(480$) because they were being negligent and the work that they did was not right. Dropping the bolt almost destroy my engine and put my life and my girlfriends life in danger. Let me know what is your feedback. Thank you!
April 29th, 2012 at 10:01 am
@Saelee:
If you sue, the mechanic will need to testify that fixed your car. You cannot testify as to what he said or determined and his written statements and receipts are not admissible because you cannot cross examine a piece of a paper.
April 29th, 2012 at 11:43 am
@Saelee:
How would you prove in court that the dealership was the ones that dropped the bolt in there? It’s been 1.5 years and for all the court cares, you could have had the belt replaced 20 times since and someone else dropped the bolt into the timing gear compartment.
Take the 280 they’re willing to give you and be happy.
April 29th, 2012 at 11:56 am
I am surprised they offered anything at all – take the $280 and consider yourself very lucky to have a dealership willing to work this hard to keep you happy.
If they offered nothing, I would have suggested going over them to the Honda zone rep. The Honda zone reps take this stuff very seriously and have been known to help customers in situations like this (with proper proof, similar to what you have) and turn around and beat on the dealer shops.
Take the $280 and be happy. What ifs and could’ve happens don’t work in court.
(BTW, $280 for a timing belt on anything is a great price … hell, the $480 for the belt and pump by the Honda dealership is amazing, compared to Twin Cities (MN) mechanics prices).
May 10th, 2013 at 6:19 pm
Great information. I have filed a claim against A Plus Transmission after catching them lying about parts put on my car and doing work I told them not to do, then charging me. I was fortunate to have kept every receipt and even a copy of a sketch that the tech had done to show me how the work would be done. I also have a recording that they are not aware of in which he admitted to doing work that I told them not to do. Do you think this recording will be acceptable in Small Claims Court? My thinking is that they will lie about it at the hearing and the recording can THEN be used to prove perjury. They have tried to have the case dismissed as frivolous and that makes me even more thankful that I kept every single receipt. That has proven to be a life-saver. Also I have photos showing that they left the seal off my transmission pan which could have be fatal for my transmission.