What I Learned About Small Claims Court Today

"450X_FTW" (mistermic)
06/22/2016 at 15:36 • Filed to: None

So I finally had my day in court against the shop who tried to bill me twice what my initial quote was written at. I’m not going to say who the shop or owner was, since people do know him in SE Michigan, where I live.

!!! UNKNOWN CONTENT TYPE !!!

Quick notes: original quote was $2300, on a budget of $3000 as long as the final bill was below $3000 I would be fine. Final bill was $4700, we negotiated down to $4300. My claim against him was for $1300 to bring the final bill down to $3000 (original budget).

I filed a small claims suit against the shop, and one thing we have to do prior to going before the magistrate is sit down with the moderator to try and avoid going to court.

So at the moderator 2 weeks ago we argued back and forth, I offered to settle for $1000, he countered with $100 to “make me go away”. I countered with $1000 and I sign a document saying I won’t speak of this incident online, facebook, google, yelp, etc. He thought about it, but still said no. So to the court we go.

I sat through the first two cases prior to mine to get an idea of how things work in small claims, as this was my first time. Glad I did that,it was very helpful to understand the order of operations.

I presented my side, he presented his side, the judge asked us questions, all within about 20 minutes he was prepared to make a decision. Shitty part, I lost, because of 1 document that the shop owner had me sign. It states:

“This is payment for 1977 Honda CB-750F service work. Bike needs additional work to be a safe and running motorcycle. Tires are worn. Work is as is. This was a restoration of work. (my name) will finish and not hold (shop name) responsible”

The shop owner said I needed to sign it when I picked up the bike. Well the judge said that because of this document, it trumps any quotations or negotiations we had, as it states I am satisfied with the work completed for the amount paid.

After the court was adjourned it was just the magistrate and I, so I asked him a few questions about the case. Side note, he was super helpful and friendly about explaining his decision. He explained that the shop could have not even given me an original quote, as long as I signed that document at the end, it is an agreement for the price of work completed. Basically a “cover the shops ass” document. BUT the magistrate did say if it was not for that document, he would have sided with me, as I had recorded all my phone calls with the shop where we talked about pricing and work.

I do owe a thank you to Steve Lehto though, as he advised me early on what my options were in terms of legal action and what my options were.

One positive thing, I now go to the shop owners son in law for bike work, and they don’t get along that well. So I got that going for me.

Live and learn.

DISCUSSION (18)

Steve in Manhattan > 450X_FTW
06/22/2016 at 15:55

What’s left of my legal brain says the problematic document was an “adhesion” contract - if you don’t sign it, you don’t get your bike, car, whatever it is, back. That’s how I’d have decided it.

450X_FTW > Steve in Manhattan
06/22/2016 at 16:00

Exactly. That’s what I was told when I picked up the bike, sign it to get the bike back.

Steve in Manhattan > 450X_FTW
06/22/2016 at 16:05

That’s a line of argument I would have presented, but then again I went to law school for 3 years - some of it stuck. Civilians don’t know most of that shit.

And send the link to Lehto if you haven’t - he’ll appreciate being thanked for his work

450X_FTW > Steve in Manhattan
06/22/2016 at 16:19

I did say that, but unfortunately it’s the “you signed an agreement” case. I didn’t realize how strong the words were that he put in that document. That’s what killed me. I’m guessing this is not his first time having people sign documents like this at the completion of work

Urambo Tauro > 450X_FTW
06/22/2016 at 16:21

Man, that sucks. I thought you had him for sure.

Steve in Manhattan > 450X_FTW
06/22/2016 at 16:26

You are not a lawyer - your opponent probably had a lawyer draft that language or copied it from a form contract. And I could draft a contract right now that would make you lose even harder.

It’s all bargaining position. If they have something very important to you and will not release it to you when you don’t sign whatever they want you to, it’s not fair. But our entire system is largely unfair. It took me 10 years of arguing in front of idiot judges for me to understand. And I don’t bother anymore.

450X_FTW > Urambo Tauro
06/22/2016 at 16:27

I thought I did too. That one page is what screwed me. He definitely had a lawyer advise him to have me sign that one.

450X_FTW > Urambo Tauro
06/22/2016 at 16:28

Another plus for me though, was the judge did say he was very impressed with how well prepared I was. I had a timeline put together, before/after photos. phone call transcripts. So I got that going for me.

450X_FTW > Steve in Manhattan
06/22/2016 at 16:33

“And I could draft a contract right now that would make you lose even harder.”

Damn that shit is intense. I’m gonna hire you if I need a lawyer.

Tripper > 450X_FTW
06/22/2016 at 16:33

Rough, but life lessons as you said. Are ya still going to blast em on the Internets?

Steve in Manhattan > 450X_FTW
06/22/2016 at 16:34

Nope. You need someone who does it every day. In 2005, that was me. In 2016, it’s not.

And you need someone licensed in your state!

450X_FTW > Tripper
06/22/2016 at 16:35

as much as I want to, I’m not going to, just so I don’t have to deal with a potential defamation lawsuit. I’ll just stick to taking my bikes to his son in law when I need work, as I know this agitates him.

Tripper > 450X_FTW
06/22/2016 at 16:42

That’s the big boy way to handle it. I’d like to say that I would blast him on every platform (not like an asshole, but state exactly what happened on every relevant review site.)

I actuality I would talk about doing that for a day or three while I was really mad about it, then I would forget about it.

Steve in Manhattan > 450X_FTW
06/22/2016 at 17:17

Go to medical school - dermatology, ideally. Law school is a waste of money. Trust me.

Birddog > 450X_FTW
06/22/2016 at 18:49

At least you tried. Maybe, maybe the guy will think twice about overshooting his “quote” next time.

450X_FTW > Steve in Manhattan
06/22/2016 at 19:42

I went to engineering school, thankfully I live in an era of chicks digging nerds because they realize nerds make more money than guys who spend all their free time at the gym

Steve in Manhattan > 450X_FTW
06/22/2016 at 19:43

I did not live in that era - I had to work for it. But I was pretty good at it ....

450X_FTW > Steve in Manhattan
06/22/2016 at 19:47

I graduated during the recession, luckily I met my wife (girlfiend at the time) before I made money.