Small claim court/feed back from an Attorney

[yasir]

Hello Folks,

Looking to taking on this Porsche dealer and wanting to know who has experience with small claim courts especially in PA area ?

Besides looking for tips on how to prepare my case, i need to know, since dealer knows i am out of state, how do i handle the situation where the day of appointment, the representative from the dealer doesn't show up or the dealership comes up with an excuse ?

Help greatly appreciated especially if an attorney member can help me out ? PM would be just fine.

Dealers need to know they just can't walk on us customers

Thanks

[stomachmonkey]

If they are a no show ask for judgement with prejudice.

[McLovin]

If they are a no show, you should win by default.

BUT, be sure you have good, valid service on them, and that you file the proof of service with the court. Be sure you have a conformed copy of the proof of service with you when you appear (a conformed copy is a copy that has the court's "filed" stamp on it). Sometimes things don't make it into the court's file, or get lost by the court. You need to have proof of service, and proof that you filed it with the court.

It wouldn't hurt to have other documentation that shows the dealership knows about the time and place of the trial. Like a confirming letter, or other correspondence that shows they know.

Because if the defendant doesn't show up, the first thing the judge will be concerned about is whether they were properly served and know about the date and time. If the judge has any doubt as to service, they will likely not default the defendant and will continue the matter, make you re-serve, etc.

If they don't show up and the court tries to continue the matter, be sure to tell the court that you have traveled a great distance, you properly served them, and they have chosen to not appear, and it would be unfair to make you have to incur the cost of having to come back.

[Hugh R]

Make sure that you are suing the right party. If they operate as a DBA, and you file that on the court papers they can simply say that its a DBA and not the corporation itself.

[LWJ]

I took the local BMW dealer to Small Claims. Make certain you name the organization that owns the entity. In Oregon, no legal folks are allowed. Just show up, have good evidence to prove your case and make a reasonable argument.

If the Dealer had not been such an A$$, I wouldn't have done it. They erred. Then made zero effort to correct their error. Then lied. Then acted completely inappropriately.

So I punished them in a small insignificant way that made me feel better.

That is America!

Good luck.
Larry

[RWebb]

Originally Posted by Hugh R

Make sure that you are suing the right party. If they operate as a DBA, and you file that on the court papers they can simply say that its a DBA and not the corporation itself.

use the state's business registration web site to find the exact dba name

also be certain they were served in accord wwith your law there - a small claims ct. will usually have a handout or web site tellin you how to do all this

Lawyers are taught to never write a sentence without a citation to either the law or the facts right behind that proves that sentence is true. Try to do that.

e.g. On Jan. 3, 2009 plaintiff paid defendant scumbag auto dealer $150 for a new widget. Exhibit 1 (which is a copy of your cancelled check for $150 with widget noted at the time you wrote the check; you will get the check copy from your bank and it will pass the evidence rules because it is a regular business record of the bank's).

[RWebb]

Ask the clerk where you file the complaint to conform (stamp) a copy of the complaint for you, not just the one you will have someone else serve on the dealer. Parties usually cannot serve papers on people.

[dondarnell]

It seems like a strange conversation to have to assume that the defendant won't show up. Why would you make such an assumption? It almost sounds like you intend to have gutter service on the defendant.

Anyways, if they don't show, you still have to put on damages before the judge. A default is as to liability only, and the judge still has to be satisfied as to damages, so you still have to show up and be prepared to put on damages. Judges like reciepts, photos, and credible and brief witnesses.

[dondarnell]

Originally Posted by stomachmonkey

If they are a no show ask for judgement with prejudice.

And, sorry stomachmonkey, please take no offense, but there is no such thing as a judgment with prejudice. A dismissal can be with or without prejudice, but not a judgment.

[yasir]

Thank you all for your time and suggestions

I actually had a PPI done at this Porsche dealership and specifically requested them to check few items for me. Once i took delivery of the car, few of those items were over looked and now i have to pay to get them fixed. PPI request and the copy is all secured in email correspondence

Service adviser and service superviser were of no help. Spoke to the GM of the dealership ( Porsche) and was told by him that they only look at the frame and major stuff on the PPI and that had i been more due diligent in my purchase, i would not have been in this situation

I guess it's time to teach these fockers a lesson

Please keep the suggestions coming.

Thanks

[dondarnell]

Originally Posted by yasir

Thank you all for your advice

I actually had a PPI done at this dealership and specifically requested them to check few items for me. Once i took delivery of the car those items were over looked and now i have to pay to get them fixed. I have all this in email correspondence

Service adviser and service superviser was of no help. Spoke to the GM of the dealership ( Porsche) and was told by him that they only look at the frame and major stuff on the PPI and that had i been more due diligent, i would not have been in this situation

Thanks

Sounds like a good case. Don't know the small claims limit in PA, but here in MI its only $3000. But in your case your damages are the amount it would take to make you whole, which should be the amount that you paid to make the car right. So, it might be more than a small claims case, depending on the found defects. In MI, this would be a consumer protection case (not under the Michigan Consumer Protection Act, but instead the vehicle repair act (forget the exact name) and because it is a remedial statute, it allows for attorney fees. So, it might be in your best interest to consult an attorney. You might be able find one throught the local PCA chapter who will take pity on you and take a small case for you.

[Zeke]

Sounds subjective to me. I hope you have affidavits and dispositions from those that you paid to fix the problems that showed up after the fact. If I was the dealer and you paid me a couple hundred to look over a car, I'd give you a report along with a disclaimer.

PPIs are a good faith type of thing, not science. "Brakes look good," What does that mean? It means you are probably OK to drive the car but there are no guarantees.

So you take the car down to your superleggera P-car mechanic and he says he'd recommend going through the brakes and some new pads. You gonna sue the dealer over difference of opinion?

So, yes, I'm curious as to the specifics. And if you want the best in advice, tell us more about this.

[yasir]

Asked them in an email that i would like to have the following items looked at besides others.

1)- Asked to check the brakes as they are ceramic so they are expensive to fix.

2 weeks later when i picked up the car from the owner ( he did not put any miles on the car at all) , i had a flat tire on my way home to KY from PA. Took the wheels off and noticed that one of the ceramic rotor was slightly chipped on the edge. The owner prior to the one i bought the car from, admits knowing the damage but is refusing to write a statement, so not sure what to do here.

I know this is the hard one to prove but i am still looking to see how to hold them reponsible for this.

2)- Asked to check the condition of the wheels esp for any rashes ? The PPI report said, wheels don't have any curb rashes etc etc but failed to disclose that all 4 wheels have peeling clear coats ?

Do i have a case here or not ?

3)- When asked about the battery, the PPI report stated has an Audi battery which is much better then the Porsche one.

Few weeks later got stranded and found out the car still had the original Porsche battery AutoZone guy came over and replaced the batery and i have that in writing too.

So do i have a case here or not ?

I intent pursuing them for repairing the wheels ( atleast $2500 which i will get couple of estimates ) and $200 for the battery.

I am not after the money but since they did a ****ty job they should take responsibility for their actions which they are refusing to do so.

Thanks

[Zeke]

I'm not up on ceramic brakes, so I don't know how serious a chip is. But the peeling wheels seems like a tough one to charge back to someone doing an inspection.

Clearly, you got a poor inspection, but to recover costs for cosmetics through a law suit seems unlikely to me. I'd say you'll get your PPI fee back plus filing fees.

[homer944]

you really dont have a case at all. It's buyer beware. Even if you pay for a ppi it doesn't matter. Judge will end up rulling in their favor on this one.

[stomachmonkey]

Tough one and definitely sucks but personally I only use a PPI on an out of town car to determine if it's worth my while/time/expense to come look in person.

Yes it's a pain in the ass to pull the wheels and check the brakes but it was an area of concern so worth it.

You won't win on the peeling clear coat as that's something you could have spotted on your own with little effort. If you missed it it's not unreasonable for the tech to have missed it.

Not trying to get on you, just an unbiased objective opinion.

Good luck, hope you get something for your troubles.