(Topic ID: 248815)

How do you go about sueing someone?


By zr11990

42 days ago



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    There are 51 posts in this topic. You are on page 1 of 2.
    #1 42 days ago

    I took my wife's GMC Acadia to a transmission shop last year in September. He brought the car back to me and charged $1700 for rebuilding the transmission. Two days later my wife was stranded with the same problem. He took it back and returned it a month later and the trans self destructed in a week. He took it back and he still has it to this day. When I call, if he answers, he is always going to do something or do this or do that but I still have no car. He is rarely open supposedly due to health problems. I finally told him that if I didn't get my car back on or before the year anniversary that I originally gave it too him that I would start legal proceedings. What is the best way to go about it.

    #2 42 days ago

    Either hire a lawyer or file a case in small claims court

    14
    #3 42 days ago

    Hire one of the many pinside lawyers. Or just stop buying GM pieces of shit.

    Really though, the only ones that seem to be accountable for repairs like these anymore are the ones that built it, and even that can be a challenge.

    In Ca. we have the Bureau of Auto Repair and if you have a similar bureau where you are, a report to them will get your problem resolved a lot faster than any court.

    #4 42 days ago

    Talk to an attorney. It will cost you 2-300 for a consultation, but they will be able to tell you what you can do best, and what is allowed in your local jurisdiction.

    #5 42 days ago
    Quoted from zr11990:

    I took my wife's GMC Acadia to a transmission shop last year in September. He brought the car back to me and charged $1700 for rebuilding the transmission. Two days later my wife was stranded with the same problem. He took it back and returned it a month later and the trans self destructed in a week. He took it back and he still has it to this day. When I call, if he answers, he is always going to do something or do this or do that but I still have no car. He is rarely open supposedly due to health problems. I finally told him that if I didn't get my car back on or before the year anniversary that I originally gave it too him that I would start legal proceedings. What is the best way to go about it.

    Small claims. Lawyers are too expensive for a case like this, you'd be upside-down before you started (and I doubt they'd take a case this small anyway). Small claims limit is $10,000 in Texas. Pay the filing fee (around $125, depending on your county - everything IS bigger in Texas, this is only $30-50 here in CA), bring your paperwork and argue your case, get a judgment. Then collecting on that judgement is the fun part. In small claims, you can only sue for actual expenses related to the repair that you can show receipts for, not stuff like inconvenience, lost utility, etc.

    #6 42 days ago
    Quoted from vireland:

    Then collecting is the fun part.

    Good luck with this part.

    #7 42 days ago

    Sounds like a small claims issue.

    You could hire a lawyer, but that'll likely eat up most of your recovery with atty fees, even if you get one.

    And, then you have to enforce your judgment. This could mean hiring a lawyer for a collection.

    #8 42 days ago
    Quoted from Jgel:

    Good luck with this part.

    Exactly. I do them all the time.

    Maybe 3/10 times I can collect.

    #9 42 days ago
    Quoted from Jgel:

    Good luck with this part.

    That's why I said that's the fun part. At least with small claims it only costs $125 and some time to take the chance. Hiring a lawyer, you've lost from the start on a case this small.

    #10 42 days ago

    If I win he has to pay court costs and lawyer fees.

    #11 42 days ago
    Quoted from zr11990:

    If I win he has to pay court costs and lawyer fees.

    I think that may require an additional lawsuit. IANAL

    #12 42 days ago

    My (un)professional advice:
    You don't need a lawyer - represent yourself and let the facts speak for themselves.
    Send a certified letter to shop with the following information:
    1.) A recap of the entire history
    2.) Self explanation that you feel you've given them ample time and ample chances to fix it
    3.) A list of what would satisfy you (or the one thing)
    4.) A deadline set for a reply from them
    5.) State if they are unable to meet your demands and/or fail to respond you will take them to small claims court
    6.) You will ask for full refund, plus towing charges, wages missed from work from all parties involved and mental anguish.
    7.) Reiterate you have everything documented, dates and times and prefer not to go down this road but will should they not agree to terms.

    Much like lawyers - it's an intimidation game because the laws are already in the books.

    #15 42 days ago

    yup hiring a lawyer is a waste of time for this. I had similar problem with a ford dealer many years ago. all I got out of it was a unfixed car and a lawyer bill of $1500-2k

    #16 42 days ago

    I endorse this approach. Does Judge Judy take cases out of the LA area?

    #17 42 days ago

    Well, 1st things 1st, call the police and have them present when you get YOUR PROPERTY towed out of there. Make sure you bring proof of ownership. Then file a complaint to start the process of making you whole.

    #18 42 days ago
    Quoted from CubeSnake:

    Well, 1st things 1st, call the police and have them present when you get YOUR PROPERTY towed out of there. Make sure you bring proof of ownership. Then file a complaint to start the process of making you whole.

    This is the correct answer. Would you really trust this guy, post court order, to fix your car correctly?

    The days of wanting _him_ to fix it should be well over. Reclaim your car, then try to reclaim your $$$.

    #19 42 days ago

    Do any of you ever have luck with rebuilt transmissions? I've always been told it's better to try to buy a working salvage rather than have one rebuilt.

    #20 42 days ago

    Same happened to me with a tranny.....I’ve leased ever since...I’ll “rent” a car the rest of my life cuz just like pins...they don’t make cars like they used to.............Joey

    #21 42 days ago

    I rarely have problems with rebuilt trannies. The new stuff is all computer stuff like your pins and sensors. They have to be programmed as well. Its just a scam to make more money. You notice Chevrolet doesn't offer a manual trannie on the vet anymore. They want you to have that computer controlled shitbox.

    #22 42 days ago

    Personally I would walk away. The main reason is not about the money. It's the time and energy put into a project lik this that will leave you frustrated and angry which eventually creates stress and anxiety in your life which you most likely (like most everyone) don't need any more in your life.
    I would simply chalk it up as "loss" in the loss column. Overall, I'm sure you've made a lot of great decisions and this just happens to be one that didn't work out.
    I've been pulled into many lawsuits and generally the one who really wins is the attorney and their billable hours. Don't get me wrong, attorneys are amazing but in this case, chasing down a bad mechanic won't do anyhthing but give you a big headache and leave your pocket a little lighter.

    #23 42 days ago

    What year is it?

    #24 42 days ago
    Quoted from zr11990:

    that computer controlled shitbox.

    Not to mention they can be controlled remotely by satellite which if someone so desires, they can stop you in your tracks.

    It's a conspiracy, I tell ya!

    #25 42 days ago
    Quoted from Electrocute:

    What year is it?

    Its a 2009 but it low mileage and nice. Im not buying my wife a new car because she doesn't take care of them. The carpet and seats would be ruined in no time with food and dirty feet and door dings and everything else. But if I don't get this one fixed and returned Im out the price of another car and the 1700 I paid him.

    #26 42 days ago
    Quoted from o-din:

    Not to mention they can be controlled remotely by satellite which if someone so desires, they can stop you in your tracks.
    It's a conspiracy, I tell ya!

    Its the deep state.

    #27 42 days ago

    Right now, there is no incentive for him to fix it. Get it back and sue. Never done it. Hope it works out.

    #28 42 days ago
    Quoted from vireland:

    I endorse this approach. Does Judge Judy take cases out of the LA area?

    Oh yes. She will fly you in to be on her show.

    #29 42 days ago

    Can you put a lien on his property? I recall my Grandfather put one on someone who did I complete work for him. When the guy went to sell his property, proceeds from the sale went to my Grandpa and he got his money back. No idea what he did to get that done as I was young at the time.

    #30 42 days ago

    1. pick up the car
    2. go get a slurpee
    3. drive thru 7-11 front window
    4. have cashier call ambulance for your whiplash
    5. conduct interview with local news after video goes viral
    6. rest in bed until ambulance chasing lawyers knock down hospital room door

    ... that's as far as my thinking takes me...

    #31 42 days ago

    March right down there and tell him to put up his dukes!

    #32 42 days ago
    Quoted from mcluvin:

    Do any of you ever have luck with rebuilt transmissions? I've always been told it's better to try to buy a working salvage rather than have one rebuilt.

    I build a lot of cars and shop for transmissions often in the junkyard. I used to pull the ones that looked clean and rebuilt but they never lasted long. When I’d open them up I’d find tons of missing springs, clutches and tons of silicone everywhere (bad). Now I pick the grungy ones, most likely original factory units- clean them up and drive them till they blow. Haven’t had one of those go on me yet.
    I also don’t use rebuilt alternators, starters or power steering pumps unless I know the shop doing the work.
    And now back to the legal talk...

    #33 42 days ago

    I thought I was on Pinside, then I stumbled on this thread about an adult asking how to contact a lawyer, perhaps on the device you are writing this insanely dumb question trying to gather attention for yourself. This is the type of response you get on Pinside!

    #34 41 days ago

    Sometimes when you ask a question the law of averages will work in your favor. You get some good answers; You get some trash. In this case, the OP will probably not hire a lawyer and will be saving some money that would have been gone with the wind. He may not get his money back and he might have to get a different car, but at least he probably will not dig a deeper hole for himself.

    You cannot claim you stumbled into a surprise when you clicked on this title: "How do you go about sueing someone?"

    What were you expecting to see?

    #35 41 days ago
    Quoted from o-din:

    Hire one of the many pinside lawyers. Or just stop buying GM pieces of shit.
    Really though, the only ones that seem to be accountable for repairs like these anymore are the ones that built it, and even that can be a challenge.
    In Ca. we have the Bureau of Auto Repair and if you have a similar bureau where you are, a report to them will get your problem resolved a lot faster than any court.

    Acadias have a lot of problems. My sister in law bought one and had the tranny and power steering go out at the same time to the tune of 5000 bucks out of pocket. What does she do? She sells it and buys a Buick version of the same car. So stupid.Ive been buying Toyota and Lexus for the last 17 years and not a single problem yet.

    #36 41 days ago
    Quoted from fattdirk:March right down there and tell him to put up his dukes!

    #37 41 days ago
    Quoted from fattdirk:

    March right down there and tell him to put up his dukes!

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    #38 41 days ago
    Quoted from jhanley:

    Ive been buying Toyota and Lexus for the last 17 years and not a single problem yet.

    I've got a whole herd of those 17 year old Toyotas.

    And one bastard 17 year old GM that my daughter's been driving that may be the last of it's kind still on the road. I cringe every time I work on it. Nothing is easy. Take the whole front end apart just to change a headlight bulb. This time it's the AC that's out. Hope she likes the Camry she drove home in last night this time for good.
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    #39 41 days ago

    You know who to call...

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    #40 41 days ago
    Quoted from TheGunnett:

    I thought I was on Pinside, then I stumbled on this thread about an adult asking how to contact a lawyer, perhaps on the device you are writing this insanely dumb question trying to gather attention for yourself. This is the type of response you get on Pinside!

    LOL

    #41 41 days ago
    Quoted from o-din:

    Hire one of the many pinside lawyers. Or just stop buying GM pieces of shit.
    Really though, the only ones that seem to be accountable for repairs like these anymore are the ones that built it, and even that can be a challenge.
    In Ca. we have the Bureau of Auto Repair and if you have a similar bureau where you are, a report to them will get your problem resolved a lot faster than any court.

    This is really the best answer. Stop buying cars from companies that have proven for decades that they don’t give a damn about quality.

    #42 41 days ago
    Quoted from TheFamilyArcade:

    Stop buying cars from companies that have proven for decades that they don’t give a damn about quality.

    Could the same be said about pinball companies? I know where I'm at with that. Bunch of 20+ year old games and near 20 year old cars.

    #43 41 days ago
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    #44 41 days ago

    I've had very good success filing complaints with the Better Business Bureau. It's a free service and I've received probably at least a couple thousand dollars total from various businesses that have ripped me off over the years. Of course, he may not care and just ignore the complaint so your mileage may vary. But I think it's worth a shot - you may also want to open a complaint with your state's Attorney General as well. (Also free.)

    #45 41 days ago

    What has your wife been driving the last year? I’m surprised you let a mechanic keep your car this long?

    The weakest part of a GM suv/truck of that era is the automatic transmission, especially if you tow anything. I have a 2019 Tahoe, and supposedly they have a much better designed tranny, but we shall see. I love the 2019 Tahoe.

    #46 41 days ago
    Quoted from TheGunnett:

    I thought I was on Pinside, then I stumbled on this thread about an adult asking how to contact a lawyer, perhaps on the device you are writing this insanely dumb question trying to gather attention for yourself. This is the type of response you get on Pinside!

    Wow, did someone twist your arm and make you click on the thread? Or maybe you don’t understand “ how does one go about during someone”. I don’t want to hire a lawyer I want to take him to small claims court. Try to be a bigger ass from now on.

    #47 41 days ago
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    #48 41 days ago
    Quoted from mcluvin:

    Do any of you ever have luck with rebuilt transmissions? I've always been told it's better to try to buy a working salvage rather than have one rebuilt.

    Yes. With a GM rebuilt one. Better warranty than with the new vehicle. Trans aboot $2K, Labor aboot $600.00 (Detroit area, higher in Chicagoland, Tinsel town etc). Original crapped out at 125,000 miles. Replacement still worked at 225,000 when the engine reached the end of it's useful life.

    #49 41 days ago
    Quoted from MrBally:

    Yes. With a GM rebuilt one. Better warranty than with the new vehicle. Trans aboot $2K, Labor aboot $600.00 (Detroit area, higher in Chicagoland, Tinsel town etc). Original crapped out at 125,000 miles. Replacement still worked at 225,000 when the engine reached the end of it's useful life.

    We went through 3 transmissions on a Taurus (original + 2 factory rebuilt) in less than 3 years. That was the last time we bought a Ford new or used. Factory wouldn't help on the first replacement since we were like 3 months out of the warranty. Same story on the second. When the third started acting up, we dumped the car and swore off Fords forever. TERRIBLE dealer and factory support at all levels when there's a major problem.

    #50 41 days ago

    Ford has the worst automatic transmissions in their passenger cars

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