Jump to content

Anyone ever been sued?


DaddyBuiltRacing
 Share

Recommended Posts

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

Link to comment
Share on other sites

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.
Link to comment
Share on other sites

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
Link to comment
Share on other sites

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.

Link to comment
Share on other sites

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

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

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.
Link to comment
Share on other sites

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.

Link to comment
Share on other sites

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?

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...