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Has anyone gone through small claims court?
Posted on 11/9/23 at 3:19 pm
Posted on 11/9/23 at 3:19 pm
My son is away at college. He got a flat tire and took it to an Express Lube to get a new tire put on. He comes home the next day and the new tire is flat.
He takes it to a Honda dealership where he purchased it and they tell him the tire was installed incorrectly which led it to burst from the inside. He called the Express Lube but they refused to accept any responsibly even after he showed them a signed statement from the dealership stating the only way the tire could have burst was because they installed it incorrectly.
I'm going to try and get my money refunded through my credit card. If that doesn't work, I was thinking of going through small claims court just on general principle.
Have any of y'all gone through small claims court? What's the process and what was it like?
He takes it to a Honda dealership where he purchased it and they tell him the tire was installed incorrectly which led it to burst from the inside. He called the Express Lube but they refused to accept any responsibly even after he showed them a signed statement from the dealership stating the only way the tire could have burst was because they installed it incorrectly.
I'm going to try and get my money refunded through my credit card. If that doesn't work, I was thinking of going through small claims court just on general principle.
Have any of y'all gone through small claims court? What's the process and what was it like?
11
Posted on 11/9/23 at 3:22 pm to Rex Feral
Go to court, fill out paperwork. You'll get a hearing and show up to argue your case. No lawyers. You'll either win or lose. I'd get an affidavit from the dealer. Good luck
Posted on 11/9/23 at 3:23 pm to Rex Feral
quote:
He comes home the next day and the new tire is flat.
sounds like a ton of pain and suffering upon that experience.
Posted on 11/9/23 at 3:27 pm to Rex Feral
Before you go to court, try filing a complaint with your local Better Business Bureau.
You'll need proof that you paid for that service at the oil change shop, the dealer's written estimate of the damage, and explicit, reasonable steps that you want the oil change shop to take to make it right.
It worked for me in a similar case where the offending shop were giant assholes until they got a complaint from the BBB. They quickly paid for the repair.
Much less risk than going to court.
You'll need proof that you paid for that service at the oil change shop, the dealer's written estimate of the damage, and explicit, reasonable steps that you want the oil change shop to take to make it right.
It worked for me in a similar case where the offending shop were giant assholes until they got a complaint from the BBB. They quickly paid for the repair.
Much less risk than going to court.
This post was edited on 11/9/23 at 3:31 pm
Posted on 11/9/23 at 3:32 pm to Rex Feral
You’re likely going to get that money back from the credit card.
Posted on 11/9/23 at 3:36 pm to WB Davis
quote:
Before you go to court, try filing a complaint with your local Better Business Bureau.
Better Business Bureau is Yelp with an official sounding name. I can not believe how many people fall for this shite.
Posted on 11/9/23 at 3:37 pm to Rex Feral
quote:
Express Lube
Are they a franchise type place? While you're tyring to sort this out, blast them on google and facebook reviews. A lot of times that'll get a higher-up's attention.
Posted on 11/9/23 at 3:40 pm to WB Davis
quote:frick the BBB
try filing a complaint with your local Better Business Bureau.
They are nothing but scammers anyway
Posted on 11/9/23 at 3:42 pm to shmashmortion
quote:The oil change shop delivered the service charged to the payment card, so initiating a charge back opens you to a fraud claim and dilutes any claim you make against the shop.
You’re likely going to get that money back from the credit card.
Pay the oil change shop bill, and then use the BBB or small claims court to go after the shop.
Posted on 11/9/23 at 3:44 pm to SuperSaint
quote:
frick the BBB
They are nothing but scammers anyway
It's a scam to businesses who must pay money to display the BBB seal.
But they can be a godsend to consumers, since most businesses fear bad publicity from the BBB.
Posted on 11/9/23 at 4:00 pm to WB Davis
The oil change shop delivered the service charged to the payment card, so initiating a charge back opens you to a fraud claim and dilutes any claim you make against the shop
ZERO truth to this statement.. Retired CEO of CC processing company.
ZERO truth to this statement.. Retired CEO of CC processing company.
Posted on 11/9/23 at 4:02 pm to WB Davis
quote:
WB Davis
Dawg you can't be out here typing lies while also pimping an outdated review site. Take a breather.
Posted on 11/9/23 at 4:03 pm to Rex Feral
waste of time
Posted on 11/9/23 at 4:09 pm to Rex Feral
Isn't it pretty standard for tire places / auto shops to offer some kind of warranty on their product and installation? My tire should would have just replaced the tire if it had been less than a year.
Posted on 11/9/23 at 4:10 pm to Thundercles
quote:Maybe cut down on the caffeine sport
Thundercles
Dawg you can't be out here typing lies while also pimping an outdated review site
ETA: the BBB doesn't charge consumers to resolve business complaints so there's zero risk - unlike litigation.
If you've done either you'd know.
This post was edited on 11/9/23 at 4:14 pm
Posted on 11/9/23 at 4:19 pm to WB Davis
quote:
the BBB doesn't charge consumers to resolve business complaints so there's zero risk - unlike litigation.
There's zero risk and zero benefit. You literally just air out complaints that the business ignores.
"Leave them a bad review on Yelp or Google" is the equivalent.
Posted on 11/9/23 at 4:21 pm to Rex Feral
I’m in the middle of one now trying to get a deposit back from a landscape company. Given your issue, I would have your dealer note the cause and then send a copy of their statement with a letter via registered mail asking for your money back within a specified time.
Then you’ve document everything and can get online to figure out how to file a small claims complaint if they don’t comply. In SC they had a template you could use. Once you file and it’s served the defendant has a certain period to respond.
I just received notice that they didn’t fight it and I received a judgement in my favor without a trial. Now I have to figure out how to collect.
Then you’ve document everything and can get online to figure out how to file a small claims complaint if they don’t comply. In SC they had a template you could use. Once you file and it’s served the defendant has a certain period to respond.
I just received notice that they didn’t fight it and I received a judgement in my favor without a trial. Now I have to figure out how to collect.
Posted on 11/9/23 at 4:25 pm to SquatchDawg
quote:
Now I have to figure out how to collect.
That's the biggest hurdle with small claims.
Posted on 11/9/23 at 4:31 pm to BoogaBear
I wouldn’t give two shits if I had a negative BBB review for my business.
But boy did they harass me to sign up
But boy did they harass me to sign up
Posted on 11/9/23 at 4:52 pm to Rex Feral
Something is missing from the story OP if the tire shop won't replace it, they'd have some sort of warranty. Was it a used tire? If it was new, its nothing to them the tire manufacturer will reimburse them.
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