Going to Small Claims Court--Any Tips?

[FatsMcKay]

My friend is going to small claims court in about three weeks and I am assisting him in organizing his paperwork and argument.


He was having work done to his vehicle at an Indianapolis car repair shop. There was a deposit put down for work to be completed, over the phone the proprietor of the repair shop agreed to get it running for $500 more than the deposit. When my friend came to pick up car, it was running in the shop and as he approached the owner became territorial, irate and his body language was threatening. He claimed they owed he owed not $500 more but $2000 more. His wife was afraid and they decided to pay the remaining bill.

The car broke down only 8 miles from the repair shop and had to be towed home. Upon inspecting the car, my friend found the terrible work that had been done to the car, lock washers missing, bolts missing, brand new radiator damaged, etc. He also found in the scribbled work order receipt that he was charged for parts he had provided and over charged for much of the labor and parts that were used on the car.

We have compared their labor hour charges to the 'Real Time Labor Guide' and there are various charges that exceed these labor estimates.


Is there anyone who has had experience trying to recoup costs from a mechanic through small claims court?

Are there any tips in organizing his argument that would allow us to win?

This specific auto shop has made other appearances in small claims due to their sub standard quality and has always had an attorney.

Thanks for your help in advance.

 

[Ted]

Outside of Marion County:
http://www.youtube.com/watch?v=z0qQVPV1unA

Within Marion County:
http://youtu.be/1Z2XRAfPSYA

and the link to the Indiana Small Claims Rules

and one for some additional information.
http://www.youtube.com/watch?v=3NcjwugMfnk

 

[PistolBob]

How about naming this auto repair place so we don't stumble upon it.

 

[Clay]

step #1 would have been to not pay the bill.

that said, all he can do is present the facts to the judge and hope he/she believes him.

Dress professionally, talk professionally and respectfully to the judge.

 

[FatsMcKay]

Thanks for the advice so far.

The place is AOK Car Care @ 56th and Keystone

 

[stephen87]

Take all documentation. If there was an agreement over the phone with no evidence or no witnesses that are neutral, it'll probably boil down to he said/she said and they won't be able to award that portion. All other stuff though, should be good with evidence.

 

[s-works]

General Questions
Did he pay by check card or credit card?
The estimates you got from the labor guides were they for around 1k with parts or closer to 2k.
Did he sign a work order before and after the repairs? Anything that shows parts or labor warranties?

Now on to Small brains court

1. Have all your facts together.
A) get 3 estimates for the repairs that were performed. Not Internet quotes but legit quotes from here in town.
B) get a quote to repair the vehicle correctly.
C) get documentation from third parties that show missing parts and damaged parts (also have pictures)
2. Do not try to recite case law.
3. Be pleasant towards the other guy and his attorney.
4. Don't try to be Alan Dershowitz (they hate that).
5. Get there really early and get a feel for how the small claims judge/arbitrator handles the cases.
6. Don't get off on tangents. Stay on point. Don't let his attorney get you rattled or off point.

Because it is not a real court is actually a plus for your friend. The judges generally favor the customers over the businesses. They generally look to the business to really make their case. They will sometimes moderate in a way that is beneficial to the claimant. They will step in and help To move the case along.

More will come to me.

 

[FatsMcKay]

General Questions
Did he pay by check card or credit card?
The estimates you got from the labor guides were they for around 1k with parts or closer to 2k.
Did he sign a work order before and after the repairs? Anything that shows parts or labor warranties?


He did pay by credit cards on the deposit and the final payment.

As far as the labor guide there was a difference of around 600 dollars but there was also over charges for parts, various shop fees and many of the parts he installed failed. My friend also supplied some of the parts and was charged for them by the shop.

He did not sign a work order before (when deposit was paid) or after (when final payment was made). Would this make a big difference in the case? Should we try to subpoena a signed work order to show they don't have a signed copy?

 

[A_Brit_In_Indy]

I hear tales like this all the time, it's the old "bait and switch" what you need to do is ask for an itemized breakdown of the labor costs, most place (mine included) use either Alldata or Mitchells this is a"bible" of repair times and as a Service Manager I ALWAYS call the customer should I find something else or should the repairs exceed the estimate I have already agreed upon.
You state that they installed parts that failed, I call this "tryagnostics" they are spending your money to figure out what it's not.
You did not state what repairs were done or what kind of vehicle was repaired, Should you need "official" times for the repairs I'd be more than happy to provide you with the times quoted by Alldata, which by the way, is the industry standard.
Cases like this, are why we are always busy.

 

[s-works]

He did pay by credit cards on the deposit and the final payment.

I would challenge the payment with the credit card company. Have them show proof that you received an estimate. Tell them the estimate was for 500 and the car is still not fixed. Ask for a full refund or offer to pay just the $50.

Most places have you sign a repair order prior to dropping the car off. As repairs are diagnosed, added, changed this should be documented on the RO. I always put the amount, time approved, and who I spoke to.

 

[FatsMcKay]

Unfortunately, since we are in proceedings for small claims court I dont know if having the credit card company reverse the payment would be the right thing to do.

Question that I have, if there was never any type of work order that my friend signed, how does that work for both parties?