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Started By
Message
Need legal advice from OT experts on small claims court.
Posted on 11/17/17 at 10:17 am
Posted on 11/17/17 at 10:17 am
I'm suing Ford Motor Company and a local dealership in small claims court. Do you think I have a good case?
I've got a 2014 Ford F-150 crew cab. The truck has a 3 yr./36,000 mi. basic warranty.
This past March before I turned 36,000 miles, I brought the truck to the dealership to fix a few things that weren't working and do a couple of recalls before my warranty expired. The main things I wanted fixed were the passenger window that would intermittently work and the rear window defrost that quit working about a year after I bought it.
So they did the recalls and replaced the window regulator. They had to replace the whole rear window (with power sliding glass) because you cannot repair the defrost. It's a terrible design and a very common problem on F-150s.
So a couple weeks ago while I'm driving my truck in a thunderstorm, I looked in my rear view mirror and see water dripping off of the headliner by the rear window on the driver's side. I pulled into a gas station and inspect the rear window and there was a 1/4 inch gap between the window frame and the cab about a foot long. So I put a piece of tape over it and called the dealership to schedule an appointment to fix it.
Well I brought the truck to them on Monday and I get a call from them later telling me that the window frame is warped, and the whole window and frame are one piece and needs to be replaced, and I will have to pay for it. Almost $900. They said Ford doesn't warranty glass and since my truck is out of warranty, neither Ford or the dealership is responsible for paying. I called bullshite since the rear glass is only 7 months old and is a defective part. They won't budge. I filed a claim with Ford Customer Service and my claim was denied.
So I'm suing them in small claims court. Should I name the dealership also in the lawsuit?
And if you don't think I can win, read this.
Beat Ford In Court Today, Judgement in my favor $1800
I've got a 2014 Ford F-150 crew cab. The truck has a 3 yr./36,000 mi. basic warranty.
This past March before I turned 36,000 miles, I brought the truck to the dealership to fix a few things that weren't working and do a couple of recalls before my warranty expired. The main things I wanted fixed were the passenger window that would intermittently work and the rear window defrost that quit working about a year after I bought it.
So they did the recalls and replaced the window regulator. They had to replace the whole rear window (with power sliding glass) because you cannot repair the defrost. It's a terrible design and a very common problem on F-150s.
So a couple weeks ago while I'm driving my truck in a thunderstorm, I looked in my rear view mirror and see water dripping off of the headliner by the rear window on the driver's side. I pulled into a gas station and inspect the rear window and there was a 1/4 inch gap between the window frame and the cab about a foot long. So I put a piece of tape over it and called the dealership to schedule an appointment to fix it.
Well I brought the truck to them on Monday and I get a call from them later telling me that the window frame is warped, and the whole window and frame are one piece and needs to be replaced, and I will have to pay for it. Almost $900. They said Ford doesn't warranty glass and since my truck is out of warranty, neither Ford or the dealership is responsible for paying. I called bullshite since the rear glass is only 7 months old and is a defective part. They won't budge. I filed a claim with Ford Customer Service and my claim was denied.
So I'm suing them in small claims court. Should I name the dealership also in the lawsuit?
And if you don't think I can win, read this.
Beat Ford In Court Today, Judgement in my favor $1800
This post was edited on 11/17/17 at 8:06 pm
Posted on 11/17/17 at 10:39 am to bhtigerfan
Idk anything about small claims court, but is there a small claims court fee associated with this process? I get it's annoying as fug to deal with dealerships and warranty bs, but over $900 pending court fees, I dunno if I'd do it.
On second thought, it would piss me the hell off so I'd do it too haha.
Also, not an OT lawyer expert. just giving my two cents.
On second thought, it would piss me the hell off so I'd do it too haha.
Also, not an OT lawyer expert. just giving my two cents.
This post was edited on 11/17/17 at 10:40 am
Posted on 11/17/17 at 10:44 am to bhtigerfan
Go for it. Small claims court is like a god dammed kangaroo court. Basically no rules. Ford and the dealership will hire an attorneys, which will end up costing them way more money than the cost to repair your car. Even if you lose, you stick it to them.
Where are you located?
Where are you located?
Posted on 11/17/17 at 10:47 am to Snoopy04
It's $300 plus $100 for each extra defendant which is bullshite. Some states charge less than $50. Maximum damages paid is $5000.
Its not just the money, it's the principle of it. frick Ford, they lost a customer for life.
Its not just the money, it's the principle of it. frick Ford, they lost a customer for life.
Posted on 11/17/17 at 10:48 am to theOG
Lafayette.
Did you read the article I linked?
Did you read the article I linked?
Posted on 11/17/17 at 10:50 am to bhtigerfan
quote:
Need advice from OT legal experts on small claims court
Don't discuss you're case on the internet
Posted on 11/17/17 at 11:06 am to Mingo Was His NameO
quote:Why not?
Don't discuss you're case on the internet
Posted on 11/17/17 at 11:07 am to bhtigerfan
quote:
Its not just the money, it's the principle of it.
That's why I said I'd do it too. I'm all about the principle of the matter as well. It's a shame how low of service the service industry has started to provide responsible paying customers.
Posted on 11/17/17 at 12:03 pm to bhtigerfan
As has been said, the rules in a small claims court are very very relaxed. This allows your layman to easily present his case.
One issue you may have is that your defendant has an option to move your case to a regular civil court. In that court, it will a lot harder for you to handle your case without an attorney.
One issue you may have is that your defendant has an option to move your case to a regular civil court. In that court, it will a lot harder for you to handle your case without an attorney.
Posted on 11/17/17 at 12:06 pm to bhtigerfan
Wear a neck brace to court
Posted on 11/17/17 at 12:06 pm to bhtigerfan
quote:
Should I name the dealership also in the lawsuit?
Yes and you have a good case. If the dealership had 2 operating brain cells they'll never let it go to court
Posted on 11/17/17 at 12:09 pm to bhtigerfan
Here's a good question: if it was a 4-inch gap, what would they say? Do you see how they make these things up on the fly? How big does the gap have to be before it's their fault? I say pursue the "hidden damages" route. JP's are usually pretty pragmatic/fair about these things and think in your terms - not lawyer speak. Bring plenty of visuals with you at the hearing.
quote:Really?
One issue you may have is that your defendant has an option to move your case to a regular civil court.
This post was edited on 11/17/17 at 12:28 pm
Posted on 11/17/17 at 12:56 pm to bhtigerfan
This sounds more like a civil issue than a small claims issue...
Posted on 11/17/17 at 1:15 pm to JAB528
quote:
This sounds more like a civil issue than a small claims issue...
Yeah you need to think big picture. If you want $900, ask for $6k. Get it in city court, at least. Still a kangaroo court but with bigger potential windfalls.
Regardless what you do, in your petition be sure to ask for costs & fees. You can handle this on your own, probably, but hiring an attorney could trigger them to cut you a check without going to court. Hell, I've sent emails with "attorney at law" in my sig. that loosened up a stubborn insurance company.
As an aside: I'm shocked that the customer service complaint didn't get you anywhere. I bought a WAY out of warranty '07 Yukon that had a cracked dash (notorious issue), I found a CSR on a GM Trucks forum, she got in touch with a local dealer who agreed to replace the entire dash for $100.
This post was edited on 11/17/17 at 1:17 pm
Posted on 11/17/17 at 1:19 pm to bhtigerfan
Small claims courts are gold mines.(not legal advice ) Loose rules and quick trials. Bring your support docs and let us know how it turns out.
What court? Some of us will want to go watch you put the Parry Mason on Ford!
What court? Some of us will want to go watch you put the Parry Mason on Ford!
This post was edited on 11/17/17 at 1:24 pm
Posted on 11/17/17 at 1:20 pm to GaryMyMan
quote:
Hell, I've sent emails with "attorney at law" in my sig. that loosened up a stubborn insurance company.
That's a class G felony.
Posted on 11/17/17 at 5:50 pm to GaryMyMan
Well I got in touch with the general manager of the dealership and he agreed it's bullshite on Ford's part.
He said their attitude is that any parts changed under warranty are no longer under warranty if the mileage/months on the vehicle have expired.
He said to give him a couple of business days to see what he can do with Ford. So I'll give it a couple of days. I told him to definitely tell Ford that they will lose a customer for life over this and I will definitely sue them in small claims court and win.
So I'll give him a couple of days.
He said their attitude is that any parts changed under warranty are no longer under warranty if the mileage/months on the vehicle have expired.
He said to give him a couple of business days to see what he can do with Ford. So I'll give it a couple of days. I told him to definitely tell Ford that they will lose a customer for life over this and I will definitely sue them in small claims court and win.
So I'll give him a couple of days.
This post was edited on 11/17/17 at 6:33 pm
Posted on 11/17/17 at 5:56 pm to theOG
quote:
Ford and the dealership will hire an attorneys
The hole idea of small claims court in many states is that there are no attorneys allowed. I’m not sure about the state the OP lives in.
This post was edited on 11/17/17 at 5:57 pm
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