DaddyBuiltRacing Posted April 27, 2012 Report Share Posted April 27, 2012 I just got papers in the mail that I am being sued $1100 as a counter claim. I did work on a family "friends" VW. Guy gave me money to go buy a motor and parts for the car. The cost of repairs was $800 plus cost of parts, he agreed to this. I get everything done which included minor body work, paint, some interior cleaning up and the engine swap. Pays me $500 in cash and writes a check post dated 10 days out for the remaining balance (tosses in extra $50 for me allowing this to happen). The car broke a brake line while the guy was attempting to leave my shop with it and got pissy that I was unable to fix it along with all the others. I don't have a lift and I explained to him that I was unable to get the car high enough to repair all the brake lines. He calms down and says ok,no problem he will get his trailer and take the car to another shop to have that and the exhaust work done. Comes back the next day to pick car up, me and Steve (ef8sirjunkie) help him push the car up on the trailer and we think all is well. Fast forward to a few days later while I am in Texas, I get a phone call from him saying that the motor blew up and he is wanting $500 back. I explain to him that 1. There is a 30 day warranty on the engine from the junkyard and the reciept for it is in his glove box. 2. I am not warrantying a junkyard motor. 3. I am not giving him back $500 bucks 4. I would reinstall another motor for half the cost of what I originall charged him as I felt bad that the motor was no good. We go back and forth over this for a while until he again calms down and ends the conversation with a "ok, we'll discuss it further when you get back in town". That monday I get vm saying they are canceling the check on me, sure enough they do so. I get back home from vacation and filed paper work to get the money back via small claims. I have never been sued so not sure what sort of chance I have of losing and wrongfully being out $1100. As I said I didnt offer any sort of warranty on the engine. He paid for the engine, gave me the ok to go pick it up. No paper work was ever done as we considered him a friend at the time. He kept $350 of what he owed me to begin with. The real deal here is dude bought a car thinking he could flip it for a quick buck only to realize he was in over his head money wise and had just purchased himself a new car. Paid $800 for car $400 in parts $800 in labor Still needs all new brake lines, rotors and exhaust Pay to have another motor in Sell for less then invested Rip people off Profit Quote Link to comment Share on other sites More sharing options...
RyM3rC Posted April 27, 2012 Report Share Posted April 27, 2012 This all sounds very familiar. Have you posted this before? Same as this thread? http://www.columbusracing.com/forums/showthread.php?t=101815 Quote Link to comment Share on other sites More sharing options...
DaddyBuiltRacing Posted April 27, 2012 Author Report Share Posted April 27, 2012 Yeah that part is the same, the being sued part is not... Quote Link to comment Share on other sites More sharing options...
Richard Cranium Posted April 27, 2012 Report Share Posted April 27, 2012 Might be worth hitting up a lawyer and running it past them. I doubt I would hire a lawyer though over $1100. Quote Link to comment Share on other sites More sharing options...
Guest Hal Posted April 27, 2012 Report Share Posted April 27, 2012 You'll probably go to mediation in an attempt to workout the issue without going to court. After all the bullshit motions (assuming either of you file any), and if the mediation is unsuccessful, you'll go to court and plead the case. Filing a counterclaim is pretty standard, so I wouldn't worry too much about that. Quote Link to comment Share on other sites More sharing options...
99BlownYellowGT Posted April 27, 2012 Report Share Posted April 27, 2012 So you are suing him for $350 for cancelling the check? Now he is counter suing for 1100 for the motor blowing and labor? If you have all that warranty info in writing he has no chance. You should win and he is SOL. Quote Link to comment Share on other sites More sharing options...
DaddyBuiltRacing Posted April 27, 2012 Author Report Share Posted April 27, 2012 Yeah I am suing for the canceled check, I was nice enough not to hit him with any intrest fees or any of that shit. I just want the rest of my money. He in return has sued me for $1100 for "unsatisfactory/incomplete work". I hate having to deal with the court system so just a little nervous I would say about how this all works Quote Link to comment Share on other sites More sharing options...
99BlownYellowGT Posted April 27, 2012 Report Share Posted April 27, 2012 Yeah when i sued an old landlord we went through a mediator and settled. Do you have the warranty info in writing? Quote Link to comment Share on other sites More sharing options...
Miller Posted April 27, 2012 Report Share Posted April 27, 2012 You'll probably go to mediation in an attempt to workout the issue without going to court. After all the bullshit motions (assuming either of you file any), and if the mediation is unsuccessful, you'll go to court and plead the case. Filing a counterclaim is pretty standard, so I wouldn't worry too much about that. +1. If you both show up to the mediation there is chance you'll come to some compromise. Quote Link to comment Share on other sites More sharing options...
DaddyBuiltRacing Posted April 27, 2012 Author Report Share Posted April 27, 2012 Yeah when i sued an old landlord we went through a mediator and settled. Do you have the warranty info in writing? No I don't have that, I put all the papers and stuff in the car when it left. As I mentioned this was a guy whom was considered a family friend up until this mess. I do have about 6 witnesses, a copy of the canceled check, the voicemail of them threatening to cancel it on me Quote Link to comment Share on other sites More sharing options...
Guest Hal Posted April 27, 2012 Report Share Posted April 27, 2012 No I don't have that, I put all the papers and stuff in the car when it left. As I mentioned this was a guy whom was considered a family friend up until this mess. I do have about 6 witnesses, a copy of the canceled check, the voicemail of them threatening to cancel it on me Threatening to cancel really doesn't mean much. Your standing will be related to the work you did and the warranty, implied or otherwise, that was attached to said work. Quote Link to comment Share on other sites More sharing options...
wnaplay1647545503 Posted April 27, 2012 Report Share Posted April 27, 2012 If you have a shop, take pictures with you to court of "all your signs" in the lobby which clearly state you do not offer a warranty on used parts. Might help with any defense. Quote Link to comment Share on other sites More sharing options...
Buck531 Posted April 27, 2012 Report Share Posted April 27, 2012 Being sued over a junkyard engine.... :dumb: Quote Link to comment Share on other sites More sharing options...
DaddyBuiltRacing Posted April 27, 2012 Author Report Share Posted April 27, 2012 Being sued over a junkyard engine.... :dumb: This!!!! I don't own a "legit" shop, I have a shop that I store/work on my car in and do side work here and there. Quote Link to comment Share on other sites More sharing options...
El Karacho1647545492 Posted April 27, 2012 Report Share Posted April 27, 2012 This!!!! I don't own a "legit" shop, I have a shop that I store/work on my car in and do side work here and there. if you can, document all the hours you worked on his car, and show that based on what you charged him and how much work you put in, you were cutting him a good deal on labor and that your work was satisfactory to the agreed price and job. your claim must be theft of services, as he agreed to pay you for work that was completed and he failed to pay you. its that simple, and the judge should agree. Quote Link to comment Share on other sites More sharing options...
Guest Spam Posted April 27, 2012 Report Share Posted April 27, 2012 The burdon of proof is on him to prove that during the repair, you did not complete it correctly causing the motor to fail. If he cant prove that, he has no case. The warranty on thr motor is null being its a junkyard motor, so, if you didnt fuck up, then its on him. Quote Link to comment Share on other sites More sharing options...
DaddyBuiltRacing Posted April 27, 2012 Author Report Share Posted April 27, 2012 Good deal, I had over 50hrs in the car and paid my brother in law $100 for helping me. So as of right now I made less then $10 an hr working on the car. I even told him that most shops charge 85+ an hr and he thought I was joking Quote Link to comment Share on other sites More sharing options...
Buteo Posted April 28, 2012 Report Share Posted April 28, 2012 I was sued and lost last year to a tune of 28k. Attorneys are expensive even if you end up settling prior. My suit started at 24k, we thought we could win. Got to a point where if we go to court we win I pay 30k in attorney fees and if we lose we pay 100+. Not having anything in writing hurts. Quote Link to comment Share on other sites More sharing options...
Rustlestiltskin Posted April 28, 2012 Report Share Posted April 28, 2012 I was sued and lost last year to a tune of 28k. Attorneys are expensive even if you end up settling prior. My suit started at 24k, we thought we could win. Got to a point where if we go to court we win I pay 30k in attorney fees and if we lose we pay 100+. Not having anything in writing hurts. what was the suit over? Quote Link to comment Share on other sites More sharing options...
DaddyBuiltRacing Posted April 28, 2012 Author Report Share Posted April 28, 2012 +1 Quote Link to comment Share on other sites More sharing options...
Buteo Posted April 28, 2012 Report Share Posted April 28, 2012 what was the suit over? Breach of contract, I signed a 3 year non compete and Started my own group after 1.5 years. Had good momentum but it was at the point where it's easier to pay then to continue with all the banter back and forth. Quote Link to comment Share on other sites More sharing options...
DaddyBuiltRacing Posted April 28, 2012 Author Report Share Posted April 28, 2012 Haha well thats a little different Quote Link to comment Share on other sites More sharing options...
Evolved8 Posted April 28, 2012 Report Share Posted April 28, 2012 Your 1st post should have went straight to an att, and ended it at that. Let a professional handle it. Regardless you need to now because his att served you with papers. G/L Quote Link to comment Share on other sites More sharing options...
DaddyBuiltRacing Posted April 28, 2012 Author Report Share Posted April 28, 2012 The papers by him weren't through an attorney, they were done the same way I did it. Quote Link to comment Share on other sites More sharing options...
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