Consumer Law, Warranties q's about civil suit re: auto repair shop non performance

[hypntyz]

I live in Morristown, TN

Through recommendations of a local car club, I found a shop in a town called Kingston, about 2 hours away to paint my car. I contacted the owner via internet and we agreed on a price of $3400 and timeline of 3-6 weeks to do the job. 3-17-15 I delivered my car to the shop owner, meeting him halfway 1 hour away in Knoxville TN in a parking lot, where he took my car and drove back to his shop. I gave him $2000 cash deposit and I have a written receipt. I have never actually been to the physical Kingston shop 2 hours away.

The end of May the shop owner contacts me to say that the car will be done in a couple of days, after the agreed timeline, but I was still okay with it if the work was up to par. He said that he needed payment for the $1400 balance. I countered with $500 then, and balance upon completion. He finally talked me into paying him $1100 of the $1400 balance, and he would write off the remaining $300 as paid in full as a favor. He drove to my home here in Morristown to pick up the cash. I know, this should have been a red flag. I do have a written receipt for the $1100 which states that the job is paid in full.

Here we are almost a month later and the car is not done. All I get are excuses and promises. Come to find out, I had a friend from the club who lives near the shop, who drove by and took pics last weekend. My car is still sitting outside, unpainted, not even in primer yet. Furthermore, numerous guys from the knoxville internet car club have come forward with similar/identical stories from this same shop recently. So I am now ready to pull my car out of the shop.

Re: trying to recover the $3100 I've paid. I know I will have to file a civil suit to try.

1) what venue would be best? His shop is in Kingston. We made the initial cash/car exchange in Knoxville. I live in Morristown, which is where he drove here to pick up the second payment. Do I have grounds to sue here in Morristown, or must I go to Kingston?

2) is there a scenario where it is better for one or more of the other defrauded customers could/should also file suit against him, either in a class with me or separately from me, to help the case(s) gain more traction in court? Is there a dollar threshold where the court would change from small claims to district/etc. if we try to sue together?

3) I know I can ask for the cash paid for the job as well as filing/court costs. What about transportation of the car to Knoxville to meet him, and back from Kingston when I pull it out of the shop? What other costs can I ask for? Interest?

4) Let's say that I win at least a partial judgment. The court mails me a letter saying that I've got a legal judgment for X amount. What do I do with it then? I know there is some process by which I ask the court to examine his assets etc. How does this process work exactly, and what extra fees/services must I pay for to try to collect? Can I put leins against his personal vehicle(s), his shop (if he even owns it?)? How can I find any bank accounts he may have, and if I did find accounts with a balance, how would I go about executing a withdrawal on them?

I know the odds of me following the whole procedure and actually recovering an appreciable sum of money are low, but I still want to do it rather than do nothing at all.

 

[army judge]

You can pay the costs and fees and file a small claims lawsuit.
Google "HIS COUNTY, TN small claims", because you are required to litigate in the county where he lives or his business is located.
Once you've found that site, you can begin researching your questions.
Its all just a few letters and click or two away.

You could retain a private investigator to see what can be found that you believe will be useful.
You could also engage a "skip tracer" to attempt the same search.
All of this will cost your additional up front money, launch your lawsuit.

The liens placed against property, meaningless, useless.
But, they cost you more money, too.
So, the government makes a couple of bucks, too, off of you.

You'll more than likely prevail, after racking up $200, $300, maybe even $500 (or more) in good money to chase bad.

In your state, FL, and mine (TX); we're considered to be very debtor friendly.
That means, much of what a plaintiff could attach in NJ, NY, or CA; is untouchable in our states.
Yes, untouchable, as in exempt from process or levy.

I've seen this sad story many times, mate.
More than likely the shop owner has an illegal drug addiction, gambling addiction, or is just a garden variety scammer (as in THIEF).
He could also be a guy down on his luck.
He steals because he's broke.

You could call the police in the city where you first rendezvoused, the city where his shop is located, or your local police.
Tell the detective your story, and see if the state would have any interest in prosecuting the bum.
If one of those agencies took an interest, you might see a few dollars thrown back your way.

Bottom line, don't get your hopes up, other than you; I suspect no one cares.
But, if you've got five, ten, twenty or more other victims; that could get the police or the prosecutor's attention.

 

[hypntyz]

I thought that since he came here to my home to conduct part of the transaction (pick up a payment) that may entitle me to enough standing to sue him here in Morristown.

Also, I am looking to research info about whether or not his business is registered in his county and also whether or not his business pays state sales tax. He actually wrote on my invoice "no tax, cash sale" after marking through the "TN Sales tax 9.25% $____" line. I figure I will try to leverage him with that info to finish the job for me now by a given deadline, and if not, I will try to figure out who to report him to.

 

[Betty3]

Sometimes (if you want to go that route) if you contact a local TV station re your situation they will contact the owner & try to get your money back or car painted. Otherwise, a small claims court action can be taken or "try" the police.

 

[ElleMD]

On behalf of my sister who works for a TV station, do not call them. Their job is not to play consumer advocate. She gets hundreds of these calls and they all go unreported. unless your local station has a consumer advocate segment as a regular feature, the media is not going to care.

 

[Betty3]

My local TV stations all have consumer advocates - that is part of their job to help resolve these disputes. They have segments on how they were able to resolve the problem for the consumer. Consumers are urged to contact them.