(Topic ID: 248815)

How do you go about sueing someone?

By zr11990

4 years ago


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  • Latest reply 4 years ago by PinPatch
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    #5 4 years 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.

    #9 4 years 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.

    #16 4 years ago

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

    #49 4 years 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.

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