Is this a small claims suit?

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corlando52

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My daughter bought a 2000 Hyundai Tiburon from an independent person.

The car is a manual transmission model, with 91,000 on it. The clutch

was changed, along with the pressure plate, throwout bearing, and the

flywheel was ground down by Augie's Transmission in February 2008, one

month before she bought the car. This new clutch was figured into the

cost of the car, so my daughter paid a bit more for it. The total cost

of the clutch work was around $800.
After driving it less than 150 miles, the clutch was slipping and

smelling. It was only noticable after the car was driven and warmed up

for about 15 minutes. My daughter hadn't driven the car that long until

recently. She asked me to check it out and I concurred that the clutch

was indeed slipping. We called Augie's and they flatbedded it (at our

expense) to the shop. After holding it 3 days, they finally decided it

wasn't the clutch (which was "perfect" accoring to them) but the slave

cylinder, and replaced that for an additional $300. This seemed strange

to me because I didn't think the slave cylinder would cause the clutch

to slip as it only makes it easier for the driver to push down the

clutch pedal, but they were the experts, so I charged the $300 and

drove the car home, with my daughter in the passenger seat. After about

15 minutes, the clutch started slipping and smelling again. We were

panicked because we were on a busy street about to enter a highway. My

daughter called Augie's from the car and he said "It must be the

clutch". My daughter, now very upset, told him that's why we brought it

back to you, to fix the clutch..." and he hung up on her. We barely

made it home and she called him again. He was unresponsive, and started

yelling at her. I called my regular mechanic and we brought it to him

(he's 5 minutes away) the next day. Upon removing the clutch et al,

they concluded this clutch was faulty, being either a re-furbished one

(not new as charged), or just the wrong clutch for the car. After

replacing that, they also concluded the slave cylinder that was just

put on the car was also wrong, or faulty, so they replaced that as

well.
We called Augie's to try to resolve this situation, asking if he would

re-imburse us for the faulty work he did. He told us he didn't owe us

anything.
We called the charge company and put the recent $300 in dispute. Now we

are faced with trying to recover the rest of the $800. Is our next move

to go for a supena for a small claims court suit? Can we sue AUgie's

for faulty work and parts, even though the work was done on the car

before we bought it? If not, what other recourse do we have?
Thanks!
 
Q: Can we sue AUgie's for faulty work and parts, even though the work was done on the car before we bought it?

A: Anyone can sue anybody else for anything at any time anywhere.
 
judge sometimes i question the way you answer this people.
i read the way you answer this question here and i understand, but did you really read the question?
they are asking you about augie's if they can sue it for faulty parts?
they are not asking you if anyone can sue anybody else for anything at any time anywhere.
why not tell them you cannot give legal advise and consulute a lawyer.
 
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Thank you.

Yes, thank you. Not a very helpful answer by senior judge. I've never sued anyone for anything. I'm not that type. But this guy is hard nosed and told us we don't have a leg to stand on. He called my daughter a "silly little girl" who didn't know anything. We have all the receipts, all the defective parts, and signed statement from my mechanic saying he had to replace the faulty parts. I just want to know if this is worth persuing.
Thankis.

Chris
 
i, personally, would talk to the seller about his liability regarding the misrepresentation, and depending on how that goes, name him in an s&c, then have him cross complaint the repair facility (you can also name them in the original complaint as well) report them to your state bar [bureau of automotive repair].... make a formal demand for payment via certified mail and see how they respond. i would think they would rather rectify the problem(s) or refuns the money rather than face bar sanctions or civil liability (be sure to name the owners as an individual, in addition to the business, if a sole proprietorship, or both/all partners if a g.p.)
 
Thank you

Thank you very much for your very well thought out and impressive reply. I will look into the BAR and try that angle.

Chris
 
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