Consumer Law, Warranties Got an oil change at Walmart. Two hour later the engine failed.

[Olfway]

Jurisdiction

Georgia

Title basically says it all. Was pressed for time and I knew the only place in town that could get me in and out within a reasonable amount of time was going to be Walmart. Normally I do my own maintenance, but due to a family emergency I had to just take it somewhere. Well, the service ticket says they changed the oil and filter and that all other fluids were good. Drove it off, no issues. Two hours later, the engine started knocking and then finally locked up.
The oil was dark. It looked as if it hadn't been changed at all, and there was a puddle of oil on the wrecker bed when it was offloaded (unsure if there's a hole in the block, but doubtful because the dipstick still read full)
I'm the second owner (kept in the family), and this car has been babied all of it's life. All maintenance has been done on time.
What all would I need to prepare in the event that Walmart doesn't want to work with me on this, and would a consumer law attorney be the proper one to contact if needed?
Should I reach out to one before contacting Walmart?

 

[army judge]

What all would I need to prepare in the event that Walmart doesn't want to work with me on this, and would a consumer law attorney be the proper one to contact if needed?

If the case had a higher value, it might get an attorney involved.

That said, an old car well maintained by you, isn't a valuable antique car to others.

I suggest you visit the Walmart and seek out the "store manager". He or ahe might not be available, however using the telephone you could arrange an appointment with him or her.

Make sure your demands are reasonable, you're likely to discover the manager is wiling to negotiate.

If negotiations aren't successful, I suggest you investigate initiating a small claims court lawsuit.

Georgia has a $15,000 small court maximum.

If you cannot resolve a dispute with a business or a person and the amount in controversy is less than $15,000.00, you may electronically file a case in Magistrate court. You may electronically file in your own name without an attorney or you may hire an attorney at your own expense. The Plaintiff (person filing the suit) must prove to the Judge that he/she is entitled to receive compensation from the Defendant (person being sued).

Jurisdiction
The Magistrate Court has jurisdiction to handle civil claims in the amount of $15,000 or less.

Venue
You must file where the Defendant lives. If the Defendant is a corporation, you must file in the county of the registered agent for the company. Contact the Corporations Division of the Secretary of State to locate the registered agent. If the Defendant is an unincorporated business, the claim must be filed in the county where the business is physically located.

The filing fee is $60.00 for one defendant and $8.00 for each additional defendant. Suits may be served by the Marshal's Department for $50.00 per party or by a private process server. Filing and service fees may be paid when initially e-filing a case at www.efilega.com

The Plaintiff (the one filing the action) must electronically file a sworn statement with the Clerk of Magistrate Court, describing the charges against the Defendant (the person or business against whom the claim is brought). This Statement of Claim provides each party with the reason for the lawsuit. An applicant may appear in person in the office of the Clerk of Magistrate Court at 185 Central Avenue, Suite TG-100, Atlanta, GA 30303 to have the Statement of Claim sworn or affirmed in person with a Clerk or notarized with a signature and seal. The paperwork can be electronically filed at the public access terminals located in suite TG-100 185 Central Ave. SW, Atlanta, GA 30303.

The statement of claim should include the following:

The complete name, address and phone number of the plaintiff (and attorney, if he or she has one).
The complete name and street address of the defendant.
The damages, or the amount of money or property the plaintiff is seeking.
A brief statement explaining why the defendant is being sued, including the date(s) of the underlying incident(s).
Copies of all relevant documents, such as contracts, receipts and canceled checks. (Keep the original documents for your files.)
The Clerk of the Magistrate Court can provide you with the necessary forms and help with the electronic filing process in Suite TG-100. The Clerk cannot give any legal advice, such as whom to sue or whether or not you will win.

Confirm the service address is in Fulton County. Plaintiff(s) must confirm the address for service is in Fulton County. The Marshal's Department will not issue a refund of a service fee if the Marshal's Department determines the address for service is in Fulton County. Below are websites that may be used to confirm an address is in Fulton County.

The Marshal's Department assumes no responsibility for the accuracy of the information provided by these websites.

USPS ZIP Code™ Lookup | USPS

Fulton County Tax Assessor qPublic.net



Small Claims | Fulton County Magistrate Court, GA

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[adjusterjack]

Should I reach out to one before contacting Walmart?

This is not the first time I have read about Walmart's oil change problems. I suggest you study up so you'll have some ammunition when you contact the store manager.

walmart oil change complaints at DuckDuckGo

Also check Yelp for complaints about your local store.

The oil was dark. It looked as if it hadn't been changed at all, and there was a puddle of oil on the wrecker bed when it was offloaded (unsure if there's a hole in the block, but doubtful because the dipstick still read full)

That bothers me. If the crankcase was full after the motor locked up then it wasn't the lack of an oil change that damaged the motor. Something may have been going on before you took it in for an oil change.

 

[welkin]

Full oil case and presumably no oil pressure warning from the dash (or engine light), something could have been added to the oil that shouldn't have been.

 

[Zigner]

One might argue that it's unwise to use the services of a firm when that firm's representative trolls online forums.

 

[cbg]

Spam's all gone