small claims court

[DocL]

the logic i was referring to was "no harm-no fault" of DocL post, not yours, just for reference, but i don't fully agree with what you said either:
how about someone is doing an oil change for you and forgets the drain plug- the engine is a total loss- is he now only responsible for 5 quarts of oil? thats what you are saying.

That is exactly my point that you just proved. If the engine in your example was destroyed, that is irreversible damage. The damage to your car was obviously not irreversible.

if i do decide to pursue this it will be purely as a matter of principle and i will probably not bother with 'small claims' but go with the 'criminal negligence' as the lawyer suggests (btw, BAR assiociation in each state has free consultations if needed).

I dislike people like you who take advantage of the legal system just as a "matter of principle." That statement alone proves your intentions are based soley on spite. I thin you have better avenues to take if you want to be spiteful.

 

[swerve2007]

I dislike people like you who take advantage of the legal system just as a "matter of principle." That statement alone proves your intentions are based soley on spite. I thin you have better avenues to take if you want to be spiteful.

wow, really? thank you. i am the villain again. i see you subscribe to stmpo's school of ethics. so you would prefer that i sue him for purely monetary benefit? would that be appropriate?
'the principle' in my post means that if someone will not do something about how this guy does business, he will do it again, as he has. i have received tons of pm's describing people's problems with stmpo (and several had much higher 'clamis' involved) but nobody seems to bother with exposing the guy so he keeps on plugging along and benefits from everyone taking the 'high road' as you again advocate. obviously ross has no intentions to do anything at all yet your advice is to roll-over, forget it and let others get screwed again.

quite honestly i am a bit disillusioned and dissapointed- i expected more from a charter patron than a petty attack on my integrity based on, of all things, an uninvolved opinion.

 

[swerve2007]

please note that the original question had nothing to do with where this tread gravitated to- this was not a discussion about assigning blame and speculation- thats why i was attempting to end this discussion as it is becoming unnecessarily emotional- you do as you please, no offense taken.

 

[DocL]

wow, really? thank you. i am the villain again. i see you subscribe to stmpo's school of ethics. so you would prefer that i sue him for purely monetary benefit? would that be appropriate?

Never did I say you were the villian. In fact, I think that you every right to be upset about the situation and the poor work that was done on your car.

'the principle' means that if someone will not do something about how this guy does business, he will do it again, as he has. i have received tons of pm's describing people's problems with stmpo but nobody seems to bother with exposing the guy so he keeps on plugging along and benefits from everyone taking the 'high road' as you again advocate.

Ultimately his business will suffer and he will have to close his doors. I think he has a bad attitude, and I'd never buy any of his products.

quite honestly i am a bit disillusioned and dissapointed- i expected more from a charter patron than a petty attack on my integrity.

I thought I was giving good advice, but remember this on thing. You are the one who aired your dirty laundry on a pubic forum. If you feel your integrity was attacked maybe you should take those exact words into account.

 

[swerve2007]

I thought I was giving good advice, but remember this on thing. You are the one who aired your dirty laundry on a pubic forum. If you feel your integrity was attacked maybe you should take those exact words into account.

trust me, i would rather be far, far away from this issue and i did everything to get resolution prior to and even tried to prevent the problem from occuring when it first became apparent. furthermore, chances are i will not do anything about it but i felt it was my obligation to prevent others from falling into his trap- if you think that my integrity suffered because of it, i have no issue with that, i am ok in my book. lastly, i can expect my integrity being attacked by the person who is involved, not someone giving me their opinion on how the legal system should be used- fyi, i hate people running to court over bs just as you do but sometimes you just have no choice (unless you want to suck it up off the bat and roll-over).
i had a problem with your statement of 'dislike people like you...' and its' implications- not your advise.

 

[swerve2007]

That is exactly my point that you just proved. If the engine in your example was destroyed, that is irreversible damage. The damage to your car was obviously not irreversible.

just as clarification, nothing is irreversable, damaged engine is just as reversable as anything else- the costs accrued are the issue.

 

[BATMANs]

The one thing to remember is that nothing happened to you while you were driving the car, and there is no irreversible damage...... I'd chalk this one up as a lesson learned and move on.

I agree.

 

[Rob4092xx]

Swerve:

I have been an arbitrator Hearing Officer for the Phoenix office of the Better Business Bureau for 20 years now. I do mostly car complaints. This is a much easier process if both parties agree to arbitrate. Once this hearing is completed, the decision is final and enforceable by law (i.e.: lien if necessary).

I would recommend you go that route or move on. Small Claims cases in AZ are handled in Justice Courts. Most justices have no legal training and cannot make decisions based upon the law. The process is slow, you have to continually pay to have papers served and it will cause more grief than you can ever imagine. The limit is $10k plus attorney fees.

I had a serious issue with a C6 Corvette I purchased new several years ago. GM told me to "take a hike." I filed a BBB complaint and we settled without any type of hearing. I even got more than I originally asked for. Imagine that!

The BBB process is very thorough, fair to both parties and moves quickly. I have no idea who is right or wrong on this matter but would recommend the BBB or nothing.

On a side note, I have met Ross several times and have never had any issue or complaint. He is wired pretty tight, but so am I. Personally, I think he is a pretty stand up guy and would participate in arbitration.

Good luck to you both!

 

[ChopsJazz]

Swerve, you seem to be bent on the course of taking the individual to court. Many people here have tried to dissuade you from taking that tack, but you are determined to go that route for your reasons.

Ask yourself this: Will you be satisfied with the court's decision regardless of who wins or who loses? If you are prepared equally for the dismissal of your case as well as for a monetary success, then pursue it the way you see fit.

Good luck, and please keep us posted.

 

[swerve2007]

Swerve, you seem to be bent on the course of taking the individual to court. Many people here have tried to dissuade you from taking that tack, but you are determined to go that route for your reasons.

Ask yourself this: Will you be satisfied with the court's decision regardless of who wins or who loses? If you are prepared equally for the dismissal of your case as well as for a monetary success, then pursue it the way you see fit.

Good luck, and please keep us posted.

i am not exactly sure if i will go through this, if my comments explaining the motive are taken as such then so be it. unfortunately any resolution i have asked for ignored with insults attached and the underlaying 'what are you going to do about it'.
i am completely aware of what a pain in the ass this may be but if i 'lose' then i will be in exactly same situation as i am now and maybe someone needs to 'teach' the 'individual' that you simply cannot screw people with impunity, thats all.