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Small claim court advise #4646533
01/26/18 02:06 AM
01/26/18 02:06 AM
Joined: Apr 2016
Posts: 846
KS
FordBroncoVWJeta Online content OP
FordBroncoVWJeta  Online Content OP
Joined: Apr 2016
Posts: 846
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?


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Re: Small claim court advise [Re: FordBroncoVWJeta] #4646535
01/26/18 02:15 AM
01/26/18 02:15 AM
Joined: Nov 2008
Posts: 9,048
Phoenix
dishdude Online content
dishdude  Online Content
Joined: Nov 2008
Posts: 9,048
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
Re: Small claim court advise [Re: dishdude] #4646540
01/26/18 02:23 AM
01/26/18 02:23 AM
Joined: Apr 2016
Posts: 846
KS
FordBroncoVWJeta Online content OP
FordBroncoVWJeta  Online Content OP
Joined: Apr 2016
Posts: 846
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


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Re: Small claim court advise [Re: FordBroncoVWJeta] #4646558
01/26/18 03:34 AM
01/26/18 03:34 AM
Joined: Jul 2005
Posts: 30,458
NY
demarpaint Offline
demarpaint  Offline
Joined: Jul 2005
Posts: 30,458
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

Re: Small claim court advise [Re: FordBroncoVWJeta] #4646616
01/26/18 07:02 AM
01/26/18 07:02 AM
Joined: Jul 2015
Posts: 3,802
New England
madRiver Offline
madRiver  Offline
Joined: Jul 2015
Posts: 3,802
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.

Re: Small claim court advise [Re: FordBroncoVWJeta] #4646633
01/26/18 07:37 AM
01/26/18 07:37 AM
Joined: Oct 2005
Posts: 4,343
Kansas
Kruse Offline
Kruse  Offline
Joined: Oct 2005
Posts: 4,343
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.

Re: Small claim court advise [Re: FordBroncoVWJeta] #4646635
01/26/18 07:39 AM
01/26/18 07:39 AM
Joined: Mar 2004
Posts: 20,763
Upstate NY
Donald Offline
Donald  Offline
Joined: Mar 2004
Posts: 20,763
Upstate NY
Right - you win or win by default and the other guy never pays.


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Re: Small claim court advise [Re: Kruse] #4646638
01/26/18 07:42 AM
01/26/18 07:42 AM
Joined: Apr 2016
Posts: 846
KS
FordBroncoVWJeta Online content OP
FordBroncoVWJeta  Online Content OP
Joined: Apr 2016
Posts: 846
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?


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Re: Small claim court advise [Re: madRiver] #4646645
01/26/18 07:48 AM
01/26/18 07:48 AM
Joined: Apr 2016
Posts: 846
KS
FordBroncoVWJeta Online content OP
FordBroncoVWJeta  Online Content OP
Joined: Apr 2016
Posts: 846
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.


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Re: Small claim court advise [Re: Donald] #4646650
01/26/18 07:54 AM
01/26/18 07:54 AM
Joined: Feb 2003
Posts: 7,444
Jupiter, Florida
Cujet Offline
Cujet  Offline
Joined: Feb 2003
Posts: 7,444
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.

Last edited by Cujet; 01/26/18 07:56 AM.

People who count on their fingers should maintain a discreet silence.
Re: Small claim court advise [Re: FordBroncoVWJeta] #4646683
01/26/18 08:58 AM
01/26/18 08:58 AM
Joined: Mar 2008
Posts: 5,841
South Florida
bubbatime Offline
bubbatime  Offline
Joined: Mar 2008
Posts: 5,841
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.


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Re: Small claim court advise [Re: FordBroncoVWJeta] #4646744
01/26/18 09:59 AM
01/26/18 09:59 AM
Joined: Jan 2018
Posts: 31
Chester County/Pa.
Dobbie Offline
Dobbie  Offline
Joined: Jan 2018
Posts: 31
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.

Re: Small claim court advise [Re: FordBroncoVWJeta] #4646775
01/26/18 10:27 AM
01/26/18 10:27 AM
Joined: Apr 2010
Posts: 4,409
Storrs, Connecticut
jeepman3071 Offline
jeepman3071  Offline
Joined: Apr 2010
Posts: 4,409
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.


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Re: Small claim court advise [Re: FordBroncoVWJeta] #4646924
01/26/18 12:51 PM
01/26/18 12:51 PM
Joined: Jul 2002
Posts: 4,402
KY
MCompact Offline
MCompact  Offline
Joined: Jul 2002
Posts: 4,402
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.


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Re: Small claim court advise [Re: FordBroncoVWJeta] #4646967
01/26/18 01:48 PM
01/26/18 01:48 PM
Joined: Feb 2003
Posts: 4,476
Arkansas
Win Offline
Win  Offline
Joined: Feb 2003
Posts: 4,476
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.


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