Recent Topics
Manual transmissioned electric car
by mjoekingz28
Today at 06:45 PM
1991 Toyota Previa New JDM engine Redline
by Kurtatron
Today at 06:26 PM
8 yr old channeling John Bonham
by Toy4x4
Today at 06:02 PM
Traveller nlgi 2
by Spitter
Today at 05:33 PM
Upgrading the Kohler 7000 series air cleaner
by Patrick0525
Today at 05:08 PM
Any nano reefers here?
by RichardS
Today at 05:04 PM
ARC remanufactured Power Steering Pump
by Pajero
Today at 04:58 PM
John Deere "Easy Change" System gimmick
by SnowmanCO
Today at 04:55 PM
Oz Planstic Bag Bans - not so green.
by Shannow
Today at 04:31 PM
help me choose...
by chaindrive
Today at 04:07 PM
France F1 Grand Prix
by DeepFriar
Today at 03:16 PM
Valvoline High Mileage with maxlife tech semi-syn
by bradtech
Today at 03:16 PM
Best additive in oil to clean sludge?
by ffgb
Today at 02:19 PM
Who is a Dirt Track regular?
by thooks
Today at 01:39 PM
eco plug oil plug video is restricted
by edwardh1
Today at 01:27 PM
Political comments
by ridgerunner
Today at 01:23 PM
My Ford orange turned pink
by BeerCan
Today at 12:45 PM
Any plants/garden experts?
by maverickfhs
Today at 12:43 PM
Internet Sales Tax O.K.ed by Supreme Court
by doitmyself
Today at 12:23 PM
Brake fluid for a '03 Volvo S60
by earthworm
Today at 11:22 AM
Newest Members
wil892, Spddm0n, ronw1309, Suth31, yamahaboy125
65286 Registered Users
Who's Online
109 registered (2015_PSD, 2strokeNorthstar, 2004tdigls, ammolab, 01rangerxl, 5AcresAndAFool, 14 invisible), 1488 Guests and 35 Spiders online.
Key: Admin, Global Mod, Mod
Forum Stats
65286 Members
67 Forums
285728 Topics
4768688 Posts

Max Online: 3590 @ 01/24/17 08:07 PM
Donate to BITOG
Page 1 of 2 1 2 >
Topic Options
#4646533 - 01/26/18 01:06 AM Small claim court advise
FordBroncoVWJeta Offline


Registered: 04/16/16
Posts: 768
Loc: KS
A couple months ago I had a guy door ding me multiple times. It was discussed on here (LINK).

Anyways I finally got my court date, which is in a couple of weeks. I am suing him for the damages for my car. I had a estimate done at the dealership I purchased my car from. They estimated $1700. I also got a estimate from a dealership across the state since I was in town. They estimated $1200. (Both VW dealerships). I really want to work with the people that I purchased the car from. I'm guessing since it is a $500 difference that they will make me go to the other one. So heres my question, should I just use the first estimate and not bring up the second. Or just plan on going to the other. Or fight that I purchased the car there and its my right to get it fixed there?
_________________________
17 Volkswagen Jetta 1.4T
15 Honda CRV 2.4
12 Volkswagen Jetta 2.0
01 Pontiac Sunfire 2.2

Top
#4646535 - 01/26/18 01:15 AM Re: Small claim court advise [Re: FordBroncoVWJeta]
dishdude Offline


Registered: 11/14/08
Posts: 8742
Loc: Phoenix
Just show them the $1700 estimate. Small claims is very low key and informal. From what I remember about your original post my guess is the defendant won't even show and for some reason reminds me of this scene from Malcolm in the Middle, especially when the lady humps the Mustang with the door from her Tempo.

_________________________
2018 Challenger SRT

Top
#4646540 - 01/26/18 01:23 AM Re: Small claim court advise [Re: dishdude]
FordBroncoVWJeta Offline


Registered: 04/16/16
Posts: 768
Loc: KS
Originally Posted By: dishdude
Just show them the $1700 estimate. Small claims is very low key and informal. From what I remember about your original post my guess is the defendant won't even show and for some reason reminds me of this scene from Malcolm in the Middle.
I have forgotten all about that show! Its been years since ive seen it. Although it was only him doing the damage.LOL
_________________________
17 Volkswagen Jetta 1.4T
15 Honda CRV 2.4
12 Volkswagen Jetta 2.0
01 Pontiac Sunfire 2.2

Top
#4646558 - 01/26/18 02:34 AM Re: Small claim court advise [Re: FordBroncoVWJeta]
demarpaint Offline


Registered: 07/03/05
Posts: 29771
Loc: NY
They'll probably ask for "estimates" two would be a good number. If you're so inclined find another shop with a price closer or higher than your original estimate. wink
_________________________
God Bless Our Troops


Top
#4646616 - 01/26/18 06:02 AM Re: Small claim court advise [Re: FordBroncoVWJeta]
madRiver Offline


Registered: 07/11/15
Posts: 3538
Loc: New England
I am curious why you have not contacts your car insurance to do the process you are doing?

You may win which is satisfying but collecting payment is another.

Top
#4646633 - 01/26/18 06:37 AM Re: Small claim court advise [Re: FordBroncoVWJeta]
Kruse Offline


Registered: 10/05/05
Posts: 4295
Loc: Kansas
How much "pull" or leverage does a small claims court have in your state?
Because in a lot of cases I've seen the guy who gets a claim against him can do nothing, as in make no restitution, and the courts will look the other way.

Top
#4646635 - 01/26/18 06:39 AM Re: Small claim court advise [Re: FordBroncoVWJeta]
Donald Offline


Registered: 03/21/04
Posts: 20457
Loc: Upstate NY
Right - you win or win by default and the other guy never pays.
_________________________
2015 Subaru Forester 2.5 engine/CVT
2015 Ford F250 w/Powerstroke
2016 Subaru Crosstrek CVT (wife's)


Top
#4646638 - 01/26/18 06:42 AM Re: Small claim court advise [Re: Kruse]
FordBroncoVWJeta Offline


Registered: 04/16/16
Posts: 768
Loc: KS
Originally Posted By: Kruse
How much "pull" or leverage does a small claims court have in your state?
Because in a lot of cases I've seen the guy who gets a claim against him can do nothing, as in make no restitution, and the courts will look the other way.
Well we both live in Kansas. If he doesn't pay you can file for pay garnishments. I believe you could also go after his assets too?
_________________________
17 Volkswagen Jetta 1.4T
15 Honda CRV 2.4
12 Volkswagen Jetta 2.0
01 Pontiac Sunfire 2.2

Top
#4646645 - 01/26/18 06:48 AM Re: Small claim court advise [Re: madRiver]
FordBroncoVWJeta Offline


Registered: 04/16/16
Posts: 768
Loc: KS
Originally Posted By: madRiver
I am curious why you have not contacts your car insurance to do the process you are doing?

You may win which is satisfying but collecting payment is another.
My deductible is 1k for vandalism. He absolutely would not give me his insurance. Even though I know he has it. I decided just to go after him.
_________________________
17 Volkswagen Jetta 1.4T
15 Honda CRV 2.4
12 Volkswagen Jetta 2.0
01 Pontiac Sunfire 2.2

Top
#4646650 - 01/26/18 06:54 AM Re: Small claim court advise [Re: Donald]
Cujet Offline


Registered: 02/15/03
Posts: 7162
Loc: Jupiter, Florida
Originally Posted By: Donald
Right - you win or win by default and the other guy never pays.


Note: all states are different, but the below is my best guess.

I'm sorry it's come to this. I've been there a number of times. My guess is that the police never criminally charged the guy, so the burden of proof is on you.

Not only does he not have to show up, he will not be required to pay if you win. That will take another court date, where a judgement for a lien will be approved. If he has any property, you can place a lien on it. When he sells the property and of course, "IF" he sells it, you will be paid, only after the bank and other lien holders. "If" there is no money left to pay you, well, you know the answer.

You could place a lien on his home, "if" he owns one (which I think is unlikely due to the previous story) and he may never sell it. Or you could wait 20+ years until he sells. You must remember, people that behave like this typically have experience handling these situations and know how to minimize their losses.

In other words, it's very likely you are out of luck. I do, however, wish you well and hope for an excellent outcome.


Edited by Cujet (01/26/18 06:56 AM)
_________________________

Top
#4646683 - 01/26/18 07:58 AM Re: Small claim court advise [Re: FordBroncoVWJeta]
bubbatime Offline


Registered: 03/18/08
Posts: 5627
Loc: South Florida
If the other guy never pays, you go back to court and file for a writ of replevin, or writ of possession. If the court grants this, then you go to the guys house with the sheriff, and you walk through his house and take about $1700 worth of goods that you can then sell to claim your money. And he can do nothing to stop you as you smile and wave out the door with his stuff.

I was a sheriff's deputy and Ive seen this process a few times. Every jurisdiction will be different though.
_________________________
17 Chrysler Pacifica Mobil 1 5W30
13 Yamaha XT250 Valv MC 10W40
12 Suzuki S40 Rotella 15W40
10 Acura TSX 2.4 PZL Plat 5W30
06 GMC Sierra Nextgen 10W30



Top
#4646744 - 01/26/18 08:59 AM Re: Small claim court advise [Re: FordBroncoVWJeta]
Dobbie Offline


Registered: 01/17/18
Posts: 31
Loc: Chester County/Pa.
Get a third estimate at a body shop. More than likely they will look at all 3 estimates and take the middle of the prices. Or just find a body shop around your parts that likes to make money & charges more than the average Joe body shop & get an estimate. Whatever you do -- go in there with 3 estimates.

Top
#4646775 - 01/26/18 09:27 AM Re: Small claim court advise [Re: FordBroncoVWJeta]
jeepman3071 Offline


Registered: 04/15/10
Posts: 4216
Loc: Storrs, Connecticut
Originally Posted By: FordBroncoVWJeta
Originally Posted By: madRiver
I am curious why you have not contacts your car insurance to do the process you are doing?

You may win which is satisfying but collecting payment is another.
My deductible is 1k for vandalism. He absolutely would not give me his insurance. Even though I know he has it. I decided just to go after him.


Do the police know this? How is that even allowed by law?

So in theory I could just drive around hitting people's cars but if they ask for my insurance I can refuse to provide it?

Something isn't adding up. Maybe this is why so many people choose to take the law into their own hands.

From an insurance stand point, technically his vehicle caused the damage to yours. I know you said in the other thread that the vehicle was not his, well the insurance follows the vehicle. A simple run of the plate should figure out who owns the vehicle, and their insurance should cover the damage since the driver of that vehicle is 100% at fault.
_________________________
2000 Jeep Cherokee 4.0L (179k) - Pennzoil 10w30, Napa Gold 1516, Magnefine trans filter
2009 BMW 328i (32k) - Castrol Edge Euro 0w40, MANN HU816X

Top
#4646924 - 01/26/18 11:51 AM Re: Small claim court advise [Re: FordBroncoVWJeta]
MCompact Offline


Registered: 07/21/02
Posts: 4113
Loc: KY
I was a Small Claims judge off and on from 1986 to 2014. If yo get a judgement you should be able to collect it if the defendant has assets. If the guy is a professional deadbeat you can always hire an attorney to do the collection work- but they will likely charge at least 25% of the amount to be collected.
_________________________
Mine:
2014 M235i
1999 Wrangler Sahara
1995 318ti Club Sport

Wife's:
2016 i3 REX
2009 Cooper Clubman

Son's
2009 328i

Buy what makes you smile...

Top
#4646967 - 01/26/18 12:48 PM Re: Small claim court advise [Re: FordBroncoVWJeta]
Win Offline


Registered: 02/05/03
Posts: 4448
Loc: Arkansas
It might be a good idea for you to know what are the rules, if any, of the small claims court. For example, in my state, one division of the court operates under "relaxed" rules of evidence.

It might be a good idea to find out who the judge is that will be hearing your case, and take a half day to go watch how he/she does things in his/her court.

There might be some laws on the books that could be helpful to you; the judge may or may not know of them, and even if he / she does, may or may not bring them up on his / her own initiative. For example, in my state, under certain conditions, if you stiff somebody on an MVA damage claim of $1000 bucks or less, then the plaintiff can get double damages and lawyer fees, e.g. A.C.A. 27-53-402.
_________________________
09 Torrent 3.6 V6 M1 0/40
09 Solstice 2.4 I4 Fram 5/30
08 G8 3.6 V6 Fram 5/30
04 Xj8 4.2 V8 Hav 5/40
99 S-10 2.2 I4 RECOVERED
94 Xj12 6.0 V12

Top
Page 1 of 2 1 2 >