Re: Who has been to Small claims for their mav?


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Posted by Brian (IP: 208.235.135.211) on August 10, 2000 at 16:23:47:

In Reply to: Who has been to Small claims for their mav? posted by Paulie on August 10, 2000 at 14:50:39:

: I am very seriously looking into scc about the damaged done to Alice.

Go talk to a lawyer. Not public aid, a REAL lawyer.

: I have "before" pictures and witnesses to the oral (dumb dumb dumb!!)
agreement and can prove that I paid him at leat $1000 of the total.

Don't know about Washington, but, in Ohio verbal agreements are legal and binding contracts. Only problem is that it is his word against your (or witnesses), verbal agreements are almost impossible (usually end up being expensive also) to prove.


: I WILL be taking photos of the mess that was once my vital and RUNNING car (not missing the stripped weather stripping and the lack of windshield wipers/arms!)

: What else should I take? How can I prove damamges? I am also making sure that any communication is via certified mail and will be keeping any and all reciepts for towing cost ect.

Any and all receipts for parts to be installed on Alice, whether they were installed or not. Did you pay Terry cash? Anytime I pay someone to do something like this (rare) I use a money order, the copy is a receipt. Any and all witnesses. Did you take written notes (with dates) when you were talking to Terry about the work to be done? The more prepared and organized you are going in, the better you will look. In a civil case, the "reasonable doubt" clause does not exist. Civil cases revolve around the "preponderance of the evidence." Basically, whomever the availible evidence supports, wins the case.

I am not a lawyer, just went thru several years worth of law classes before I realized that most lawyers are "legalized criminals" and went to another field. Good civil lawyers are not too difficult to find, but, it will get expensive for you. Only you can make the determination if getting even is worth that much hassle. I am not trying to sound like I am talking down to you with that statement. I would want to get even to. But, that $$$ you spend on an attorney and court fees (especially if you do not win the case) could go to Alice and make here right (finally). Besides, there is more than one way to get even (more fun and fulfilling than a court case!!!).

: How much can I sue for?

You can only sue for damages (at least in Ohio..). Although damages can include mental and emotional distress, and the difference of the amount of money paid vs. the amount of work Terry actually performed on the car....
: ARUG!


At any rate, I'm sure the MMB residents will help any way we can!! Good luck!




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