Results 1 to 15 of 33
Threaded View
-
11-08-2015 08:27 AM #28
Having had some experience with small claims courts, and a specific example remotely similar to this, I feel comfortable telling you your chances of getting satisfaction are close to zero given what you've described. It's worth a shot, but don't be surprised when you end up with nothing but spun wheels.
While it's nice to think that justice and "truth" will prevail here's what you're up against. It's very likely the judge, justice, magistrate, whatever, that presides doesn't have an intimate understanding of the engine at hand. Given the realities of court scheduling and the relative insignificance of your claim (I know, not insignificant to you, but in a world sense), he/she isn't going to spend any time doing research on your or the defendants behalf. It will all come down to the "facts" (if it sounds like opinion you lose) in testimony, which will need to be overwhelming or irrefutable. Unless either you or he are complete dolts you will likely both come across as credible, each expressing opinions/beliefs/facts that sound equally reasonable to the "judge". Unless one of you can demonstrate irrefutable data (unlikely from your description), the best you could hope for as a judgement would be a 50/50 split of the costs which would mean the other party would have to refund you a portion of the actual bill (assuming you've paid and likely nothing for your subsequent time). IF it even gets to that, you'll still only have a judgement against the other party and an empty hand. You'll still have to collect. If he stiffs you there, and you have no garnishment recourse, you'll have to open a case in superior court............and bring out the wallet.
Believe it or not that's the condensed version, but you should get the point. I wish you well..........Last edited by Bob Parmenter; 11-08-2015 at 08:32 AM.
Your Uncle Bob, Senior Geezer Curmudgeon
It's much easier to promise someone a "free" ride on the wagon than to urge them to pull it.
Luck occurs when preparation and opportunity converge.
Ditto on the model kits! My best were lost when the Hobby Shop burned under suspicious circumstances....
How did you get hooked on cars?