CA have small claims court?

Sonic dB · Sonic dB's Garage

This is somewhat of a long story.....but Im in CA and wondering what my options are to resolve a situation and get my money back. I may need to go to court on this one.

The story goes about 6 weeks ago, I was up in Lancaster when the alternator bearing on my 993 went bad and it caused one of the inside pulley halves to crack and the fan belt to go. The alt light came on and I pulled over... and my options were to a) tow the car 100 miles to my normal Porsche mechanic to do the repair or b) find someone locally in town that could do the work within a day or so.

I didnt have the tools or the parts or the garage space to do the work up there....100 miles from home....so...

I chose option B, and after calling around I found a mechanic in Lancaster who supposedly knew how to do the work. I had the work done there and paid $380 for 2 new belts, new bearing which the mechanic sourced and 2 new pulley halves which I supplied because the mechanic couldnt get them.

To make a long story short, this guy did the "repair" but within 2 weeks the entire system failed again and the new bearing went out. I was close to home and took it to my normal mechanic who is very good and he did the work of replacing the bearing again, with 2 new Porsche belts and also I had to put a brand new fan on since the failed bearing caused my fan to grind in to the housing. That bill was $447.

My mechanic said that the other mechanic used the wrong belts (non OEM) during his repair which were slightly off in size, and they were wayyy too tight as well...this, could have placed too much pressure on the bearing causing it to go out as well.

I didnt want to be confrontational as its just not worth it to get upset over anything these days... so I called the guy in Lancaster and offered him a 'settlement" where I would send back the bearing that blew and the 2 belts and he would warranty those and send me the total which is about $200.

I figured that I was being fair because I was a) letting him keep his $ from his labor and b) not charging him for the new fan that I had to have put on as a result of his poor work.

The mechanic agreed to this, and I sent back the parts for the refund and waited....now its been over 2 weeks since he received the parts and I have spoken to him on the phone several times and he claims that he mailed me the check (which is BS because I would have received by now for sure if he did). Now he says he will be in my area tomorrow and will meet me to give me the money.

You know when someone is lying to you? Well this guy obviously is. I dont deal with conflict these days, when people BS me or are toxic people...I just get the hell away from them...however I do know it is fair that I should get at least my money back on those parts....

I have a feeling he is going to weasel out of paying me tomorrow....so what are my options here in CA...does such a thing as small claims court exist for such matters?

Evans, Marv · 06-09-2009, 09:40 PM

As I understand it and remember, you most likely will have to take him to small claims court in his area. Years ago when I had to take someone to small claims court, it was pretty easy. The paperwork was $20, and you had to pay to have the person served. You can only get back the money amount you are out. The old limit on judgements was $2K and went up to $5K. I don't know what it is now. If you get the judgement, that doesn't necessarily mean you will get paid, but the judgement will be on his record. That could prevent him from being able to borrow money to buy cars, furniture, etc.

slodave · slodave's Garage

Here ya go:

http://www.courtinfo.ca.gov/selfhelp/smallclaims/

Sonic dB · Sonic dB's Garage

Thx fellas.

porsche4life · porsche4life's Garage

Honestly it's not worth the headache for 200 bucks. What's a missed day of work cost you?

Sonic dB · Sonic dB's Garage

Quote:

Originally Posted by porsche4life

Honestly it's not worth the headache for 200 bucks. What's a missed day of work cost you?

You are correct. It is not worth it. However it is about principals, and we are living in an age where people dont have them. I was cutting him a break to begin with and only asking for a parts refund, but if he doesnt want to pay that...you are right court would not be worth it. Perhaps there is another way to leverage it, but outside of complaing to the worthless BBB, there isnt much other to protect a consumer...

NineOhOne · 06-10-2009, 05:02 AM

Quote:

Originally Posted by porsche4life

Honestly it's not worth the headache for 200 bucks. What's a missed day of work cost you?

He'll take him to small claims for the total cost of repairs plus cost of the new repair, not for $200.

BeyGon · 06-10-2009, 05:16 AM

Even when you win in small claims are you guaranteed to get the money? I mean will the court force them to pay you? Do they have the option to just string you out?

Joeaksa · 06-10-2009, 07:14 AM

Hope you took pictures of everything. Now that the bearing is in HIS hands and he is not helping, it will not be easy. Need to get a statement or have your mechanic come to the hearing.

RWebb · RWebb's Garage

Quote:

Originally Posted by BeyGon

Even when you win in small claims are you guaranteed to get the money? I mean will the court force them to pay you? Do they have the option to just string you out?

Yes, usually.

If he stiffs you (and the Ct.), in most states you can get an Order of Garnishment, and then go after most income (not Black Lung benefits, and your state will likely exclude seizing his only car, etc.). You can put a lein on his real estate.

The real problem is what if some low life scumbag has nothing....

But that likely does not apply here.

It is all work tho so be sure your principles are up to it.

If he has real estate and you win in small claims any low level lawyer will do the rest for you as it's a sure win for them (= $$). (A big corp. attorney won't think it is worth their while.)

RWebb · RWebb's Garage

oh - just recalled this -- Calif. has a real stiff law against business fraud - it is somewhere in their business practices code -- some of my friends down there have used it against polluters and it scares them quite well....

it might apply to your problem - but maybe not.

Netspeed · 06-10-2009, 10:54 AM

I'd call the Bureau of Automotive Repair. They can (and usually do) investigate it and carry a lot of power in the automotive repair world.

Sonic dB · Sonic dB's Garage

Quote:

Originally Posted by NineOhOne

He'll take him to small claims for the total cost of repairs plus cost of the new repair, not for $200.

Yes, that is what Im thinking. The scumbag did not call today as he promised he would yesterday because he was supposed "be in your town and I will meet you with the $". What a jerkoff. Anyway, here is the total on that job:

$380 "repair" + $447 new repair + $455 new fan and bearing + $45 one day of rental car = $1327. Now I wouldnt sue for that whole amount since the initial bearing went out to cause the problem in the first place, but the amount I would go for would be closer to $1000.

I cant believe the loser mechanic would keep lying like this. Telling me that he would call me today when he was in my area pretty bad. I told him last night...look...just tell me the truth, are you going to send me the check or not...and he said 'no man im not lying to you...my wife sent you the check but i will pay you cash tomorrow and you can tear the check up when you get it".

This garage in Lancaster is called "European Motor Techs" on Trevor Avenue and his name is Alpret, in case anyone here knows him.

I am not upset or pissed off, I just know that he is totally wrong here to handle it like this and Ive offered him a pretty fair compromise to just pay for the parts and he had me send them back...and now he is welching like a jerk.

NineOhOne · 01:19 PM

Quote:

Originally Posted by Sonic dB

Yes, that is what Im thinking. The scumbag did not call today as he promised he would yesterday because he was supposed "be in your town and I will meet you with the $". What a jerkoff. Anyway, here is the total on that job:

$380 "repair" + $447 new repair + $455 new fan and bearing + $45 one day of rental car = $1327. Now I wouldnt sue for that whole amount since the initial bearing went out to cause the problem in the first place, but the amount I would go for would be closer to $1000.

Man...don't you folks watch Judge Judy?

Think of it as throwing cow crap against a wall. Whatever sticks, you keep.

So...sue him for EVERYTHING. You will get one of three possible results:

1) He will crap his pants when he sees the figure you're claiming and call you. You then offer to settle (out of court) for the $200 you initially requested.

2) He will not show up in court. You show the judge a bunch of receipts, pics, yada, yada, yada. Judge bangs the gavel and awards you $1327. You record the judgment with the State Board of Equalization and the County Recorder in his county. Good for 20 years. You eventually collect, with interest, when he tries to buy/sell a property, wins the lottery, etc. etc.

3) He shows up in court and argues against your "inflated" claim. Judge awards you $200 + something for your inconvenience.

So...it's a no brainer: Win-win-win situation.

Whenever a client owes me $$$ and I have to drag them to court, I always file the small claims action for the largest amount possible ($7500 in CA). I don't care if they owe me $200, I file a claim for $7500. Doesn't cost any more, right? And, when the deadbeat...I mean "client" sees that figure, I ALWAYS receive a phone call the next day asking how/when/where I would like my payment.

Zeke · 06-10-2009, 01:31 PM

I think a better idea is to tell the mechanic you are unhappy and plan to file a claim with the BAR. I don't think a SC case will show up on his BAR license, but a complaint will. And, he'll have to deal with with the BAR paperwork or lose his license. The SCC may ask if you have tried to resolve this thru negotiation, etc., meaning did you take the complaint to the proper people first.

I'll just say this, if I were the mechanic and had a choice between giving you 200 or dealing with the BAR, I'd give the 200 even though the BAR may take months to get to this. Also, if I was the mechanic, I tell the court that something else and concealed if causing the failure. I'd further state that I was not given the chance to correct the work.

You have to know the opponent's possible moves to play the game successfully. It's been many times I thought I shoudld go to court and then reconsidered because of the hassle, Just some thoughts.

RWebb · RWebb's Garage

agree w/ milt.

BTW: re "I don't care if they owe me $200, I file a claim for $7500. Doesn't cost any more, right?"

- that could cost a LOT. Some places call it "abuse of process" -- you are lying to the Court. The Court can make you very unhappy...

NineOhOne · 06-10-2009, 03:11 PM

Quote:

Originally Posted by RWebb

agree w/ milt.

BTW: re "I don't care if they owe me $200, I file a claim for $7500. Doesn't cost any more, right?"

- that could cost a LOT. Some places call it "abuse of process" -- you are lying to the Court. The Court can make you very unhappy...

Nah...I'm not filing nuisance suits, I'm filing against people that (legitimately) owe money. Judge asks how much do they owe? I say "$200". Judge asks why are you claiming $7500? I say "to cover myself in case the claim adjusts upward prior to trial". Judge says "OK...bangs gavel and says $200 + costs...next case!".