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Small claims court time: Any advice? **UPDATE**

B

Blazinaire

1/2 ton status
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Mar 17, 2002
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Location
Santa Maria, CA
As some of you may already know, I will be going to small claims court tomorrow /forums/images/graemlins/crazy.gif. I am sueing a local transmission shop due to the 2 trannies that grenaded on me (both on the highway.) The first one I installed and 300 miles later kaboom and skidding down the freeway at 70mph /forums/images/graemlins/shocked.gif. That was the night before we were leaving for blazer bash /forums/images/graemlins/mad.gif, so I went to his shop and said WTF? So he spent all of the next day and night rebuilding and installing a new 700r4 and I even had him install a 24,000# tranny cooler to be safe /forums/images/graemlins/smile.gif. That little setback forced me to drive nonstop (except for fuel) for 19 hours to get to moab /forums/images/graemlins/k5.gif. Well when we rolled into the moab city limits I lost overdrive but I figured that it wasn't too big of a deal since we would be wheeling at 1/2 mph anyway. So we began the trip home with no OD (keep in mind I have 4.56's w/35''s) which my truck didn't appreciate. 700 miles later in Barstow CA we stopped for fuel and dinner and when we got back on the road (girlfriend driving)it wouldn't shift into second and then kaboom! No more tranny. So we had to get towed to a hotel (at midnight) and we waited there for 2 days for Ducttape to come back with a car trailer and the superduty. I talked to the tranny guy and he said that he would fix it and I told him that I just wanted my money back. He said that he would have my check that week but then later he called and told me that I was abusing my truck so if I wanted my money that he'll see me in court /forums/images/graemlins/blush.gif /forums/images/graemlins/mad.gif. Soooo, what can I do to prove that I am in the right and he is in the wrong? BTW the tranny has a 6 month warranty /forums/images/graemlins/deal.gif and it lasted 6 days. PLEASE HELP /forums/images/graemlins/1zhelp.gif
 
Re: Small claims court time: Any advice?

i would say, just keep your court room demeanor as cool, calm and collected as you can, if you can project your confidence onto the judge that you know you are right and he should stand behind his product, some people seem to think that screaming and such will get things to go their way, but really just shows that you are just trying to "bully" things your way!!
 
Re: Small claims court time: Any advice?

completely diviorce your emotions from all of it. do ot interupt ANYONE in the court room, it shows lack of respect. if someone wants to interupt you, let them.

Pick one message and hammer it home.

Something like:

"Your honor, this transmission shop has a 6 month warrenty. Both transmissions lasted less than 6 days"

stay off the topic of hard core wheeling. few people understand it. if the ower brings it up (and he will) do not volunteer infomration. be very matter of fact.

"Yes, i do take my vehicle off road, but that is what it is designed for. it is a 4wd vehicle that is street legal, and can also drive on unpaved roads."

once he moves to the "Abuse" defense let the judge know you do not abuse vehicles (if it is your daily driver, point that out, there is not better defense than "no your honor i cannot abuse my vehcile, because it is the only one i have to get me to work, school, etc"

again, keep cool, pick one message that will stand up and you can defend well, and when all else fails, get the judges bank account number /forums/images/graemlins/grin.gif
 
Re: Small claims court time: Any advice?

You can also tell the judge that when wheeling, you're in low range, which makes the tranny see half of the vehicle's weight. You're actually making it easier on the tranny in low gear. That should really convince him.

Also, the bumps on harsh terrain have nothing to do with a tranny. That's the suspension's business. The tranny simply spins the tires.

Abuse would be putting a heavy load on the tranny, like towing heavy loads for long periods of time uphill, etc.
 
Re: Small claims court time: Any advice?

From the way it sounds, a 6 month warranty means he has to fix the truck for free no matter how you drive it.
Its got to last that 6 months or 6 years, it doesn't matter, the Mechanic fixed it twice and it failed which its seems that this transmission is an automatic.
There is no possibility for him to take you to court, the Mechanic's wrong no matter how you abuse your truck, this is a win/win situation cause if its under a warranty and the Mechanic doesn't live up to it, he can give you a full refund AND fix your truck for free.
How I know, cause it happen to me with my Prelude.
Michael /forums/images/graemlins/k5.gif /forums/images/graemlins/k5.gif
 
Well thanks to all who replied. Court went well, the tranny guy was speaking so fast/loud that the judge could not understand him /forums/images/graemlins/confused.gif. He was also exagerating so much that the judge knew he was full of it. I basically showed him my reciept with his handwriting stating "6 month warranty" and that was all I needed /forums/images/graemlins/deal.gif. I did not recieve the full amount that I was sueing for, but I did get the vast majority back so no arguments here /forums/images/graemlins/thumb.gif Now to get this thing on the road again! /forums/images/graemlins/k5.gif /forums/images/graemlins/cool.gif
 
WOOT! congradulations!!! as your attorney, i advise you to drink a few beers in celebration /forums/images/graemlins/thumb.gif
 
Cool!

Time to call Don at the Transmission Center for one of his Raptors!!!!


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i had to do almost the same thing about 2 years ago...when i took my truck into the dealer to get the heater core changed they forgot to put my radior cap back on...well need less to say about 5-7 miles down the freeway headin back home it started to heat up...and just kept goin...i was goin to try to make it to the next exit but it just wasent happening..it was already in the red so i pulled over to the side of the freeway...i gave the dealer a call and they sent a tech out to get me...he brought a few jugs of water filled it back up and put a radior cap back on...and he told me to drive it back to the dealer..so i did...i get there and they pressure wash the motor off..and they say it should be fine..but told me to call if there were any problem....goin back home wasent a big problem but the next morning i went to start it and it felt like i had a dead batery...i kept messin with it and it turned over hard and started..well i jump on the freeway headin to work and get about 3 miles away and it over heats again...the water was low again but i couldent find any leaks..so i pulled into the gas station filled it up with water again...i finaly make it to work after 3 water stops..and park it...i then went out to start it at lunch and nothin was happening..kept messin with it like i did at home and finly kicked over...when it started white smoke/steam started pouring out the tail pipes...well i get pissed...so i load it up on one of our semi trucks and haul it back down the the dealer...i leave it there for a week...they finaly give me a call and say i have a blow head gasket..they said they could replace it for 300 bucks...i was like hell no...you guys were the ones that made it overheat in the fist place so the dealer should be liable..well the ended up agreeing to replace the headgasket with the stipulation that if anything else was wrong with the motor or anything that happens after i left the dealer they would not do anything about it /forums/images/graemlins/angryfire.gif..so i basicly told them to go to hell and hauled my truck back home...ordered a new motor and droped it in...took my old motor to a mechanic/machine shop and had them tear into it and find out what was wrong...and guess what i found...blown head gasket and a cracked block /forums/images/graemlins/angryfire.gif so i had the machine shop magnflux it and i took some pics and headed down to the dealer..i show them the pictures..and here is what they offered to do...give me $300 credit to a new motor that they charge 2800 for only if they install it..i tell them to take a flying leap and see them in court...so anyway i went into court..on my suit i put i wanted 3000 to cover the new motor..but in my head i knew i would only get about 700-900 and i would have been perfectly happy with it..so i presented my case by myself and they had the GM from the dealer, a tech, and the service writer there...there case was that most 350 motors do not run for after 100,000 miles (mine had 138,000 at the time) and it was about time for the motor to go anyway...and also the crack that was in there...they said it was a known flaw in the casting for that year /forums/images/graemlins/rolleyes.gif..so anyway the judge ended up awarding me 800 and i couldent have been happier...thats the exact amout i had gone back into the dealer askin for in the first place..to get that amount i figured the motor would have gone a average of 180,000-200,000 and totaled up the price it cost me to put the new motor in and devided it by the amount of estimated miles the motor had left on it and it came up with 800..perfectly fair if you ask me..but anyway...that dealer really screwed them selves..we normaly purchase one truck a year threw them for the company..over the proir few years from 94-99 we had bought 6 vehicals from them and they did all our service work....but no longer...they lost all our business..even for parts..even if they are the only dealer in town that has the part...we will order it from somewhere else and wait for the part..
so if anyone is in the manteca ca area stay away from tradeway chevrolet /forums/images/graemlins/angryfire.gif..
 
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smart ass...was it that hard to understand? and thats the condensened version /forums/images/graemlins/rotfl.gif /forums/images/graemlins/thumb.gif
 
damn...if that is the short version, we might need a mini-series if it ever goes to TV /forums/images/graemlins/rotfl.gif
 
LOL Greg, no craptors for me /forums/images/graemlins/eek.gif. I am going to have Tori89K5 order me a GM 700 through his work, can't beat that 3 year/ 50k warranty! /forums/images/graemlins/thumb.gif
 
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