Small Claims Case Dismissed Without Prejudice

[PinzPilot]

Please help. I need justice to be served in this case.

I brought a small claims suit against a mechanic who after 4 attempts did not repair my wifes car. I sued for $1400. The case was heard by a hearing officer who seemed completely disinterested. After 2 days, I received a notice that she had dismissed the case without prejudice.

Can I refile? If so, I feel I need an attorney this time around. Can someone please offer me some advice???

Thank you.

 

[jharris352]

Yes you can refile. Surely you received more than just a note that it was dismissed without prejudice. Why was it dismissed? It sounds to me that you didn't do something that you needed to do. Are you sure it is without prejudice?

 

[PinzPilot]

Yes you can refile. Surely you received more than just a note that it was dismissed without prejudice. Why was it dismissed? It sounds to me that you didn't do something that you needed to do. Are you sure it is without prejudice?

No, all I received from the court was a dismissal without prejudice. Both myself and the crooked mechanic appeared in court on the scheduled day and the hearing officer heard both sides. I'm telling you, this hearing officer was an almost 70 year old female named Esther, who very obviously could have cared less about what was going on or being said. She just sat there looking like a "deer in headlights", and then told us she would send us her decision. Well, it was a Small Claims Judgment form stating "IT IS ORDERED dismissing this case without prejudice".
Plaintiff(me) awarded nothing. Defendant counterclaim is a big fat 0 with a mark through it. No reason for the dismissal was given. None at all.

I had tons of evidence, receipts, notarized copies of voice messages, phone records, etc etc. This mechanic took me for a lot of money, I sued for justice, but what kind of justice is this??? No ruling...just a dismissal as if the hearing officer is saying, "I don't want to deal with this". Ridiculous!

Should I get an attorney and refile or just chalk it up to another one of lifes unfair experiences???

 

[jharris352]

That is really odd. I would refile it. In small claims court there is no reason to use an attorney. It is a court of no record and the appeals are what they call de novo (all new). As silly as it sounds maybe she didn't understand the case. Keep it very simple. Don't over prove your case. See if you can state your case here to us in less than say 100 words. I'll tell you what I think.

 

[PinzPilot]

.....See if you can state your case here to us in less than say 100 words. I'll tell you what I think.

THE FACTS
Thurs, July 9th - At 8:00am, my wife took her PT Cruiser to this mechanic and advised him of an overheating problem. The mechanic drove her back home.
--At 9:52am, the mechanic called me and advised that the overheating problem was "due to the original manufacturers water pump leaking". I advised him the original pump had been replaced a couple of years earlier. The mechanic said he would have to call me back about that.
--At 10:51am, the mechanic called me and left a voice message stating that, "I was right, they had replaced everything I said they did. He could replace the leaking water pump for $957".
--At 11:10am, I called the mechanic back and authorized the repairs.

Frid, July 10th, mechanic called me and told me car was ready to be picked up. I paid him $939.13, picked the car up and left for home.

Tues, Jul 14th, the PT Cruiser was driven to work by my wife (for the first time) and immediately began overheating just as before. Because of prior business obligations, I called the mechanic and arranged to bring the car back to him on Mon, July 27th.

Mon, Jul 27th, I dropped the PT Cruiser off again with mechanic for the original overheating problem.
--At 3:44pm, the mechanic called me and told me "yes, the car is still overheating and they will replace the thermostat but they will need the car overnight". I agreed to that.

Tues, Jul 28th, I picked the car up again from the mechanic, drove less than 100 yds and the car began to overheat. I returned to the shop, and the mechanic tells me "it must need a new radiator...about $400". I told him I was not going to pay him any more money to fix this overheating problem. He said, "the car is old, things break, not built to last, nothing they did wrong, blah-blah-blah". Said he wasn't going to fix it for free, didn't like my attitude and told me not to ever return to his shop again. I left and then filed my small claims lawsuit.

Sat, Aug 1st, I took the PT Cruiser to another mechanic who diagnosed the overheating problem as "the cooling fans were not working properly". Cost to repair was $285.95. Car has never overheated since. Problem was not the radiator!!
--------------------------------------------------------------------------
NOTE:
1) Mechanics sworn answer to my small claims suit states that they "showed me the leaking water pump when I brought it in to their shop" Not true!! My wife is the one who took the car to their shop and they drove her home. I have phone records which can prove this.
2) Mechanics sworn answer to my small claims suit states that "they replaced the original manufacturers water pump". Not true! I have this mechanics notarized voice message from Verizon stating that, "yes, the original water pump had been previously replaced", and I have the invoice from the previous mechanic who did the replacement.
3) There were absolutely no verbal threats, assaults, abusive language or anything of the sort betweeen us that should have provoked this mechanic into telling me, "never return to his shop again". I was firm in my expectation that he repair the overheating problem that I had paid for and that he hadn't fixed, and he just wasn't willing to do it for free. I paid him almost $1000 and the work he did should be covered under warranty despite how much he dislikes me and vice versa.
4) All telephone times are verified on phone records.

Thank you for your time. Should I file a complaint with the BBB?? Your thoughts would be most welcomed.

 

[jharris352]

I had a professor once who would have read your first 100 words and then put a red line under that. The rest would have been disregarded. I'll have to spend some time reading your extra words Check back in a bit. At least it is well formatted and not one big block of text!

 

[jharris352]

Ok, let me show you how to cut this down to ONLY the relevant parts. The more simple you make it the better chance you have of winning. Your biggest problem is going to be showing that his other repairs were not necessary. You are going to need to subpoena the mechanic who fixed the problem, and have the evidence that the water pump had already been replaced. While water pumps do go out, it is not common to have two go out on one vehicle.

COMPLAINT​

The Defendant made unnecessary repairs to our vehicle and never did fix the problem that we complained of. He is guilty of malpractice as a mechanic and we suffered monetary damage as a result. The Plaintiff shows the following in support of their claim.

1. My wife and I brought our PT Cruiser to the Defendant because it was overheating.

2. He claimed it needed the "original water pump" to be replaced. We told him the water pump had already been replaced but he told us to replace it anyway. He did so at a cost of $939.13.

3. When this did not fix the problem he suggested we replace the thermostat. He replaced that at a cost of $xxx.xx.

4. When this did not fix the problem he suggested we needed a new radiator for $400.00 and we refused to pay for it. He threw us out.

5. We took the vehicle to "Mechanic 2" and he told us the cooling fans were not working. He replaced them, charged us $285.95 and it solved the problem.

6. The Defendant knew or should have known that the repairs he made were unnecessary.

Wherefore, the Plaintiff prays that the Court will find the Defendant guilty of malpractice and that his actions caused monetary damages to the Plaintiff. Plaintiff prays for a judgment in the amount of 939.13 + XXX.XX + Court costs against the Defendant. Plaintiff further prays for any other relief the Court finds just and appropriate.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

When you get to court keep it short. Those are the only relevant facts. Don't worry about what he does or doesn't lie about. Don't worry about who dropped it off or phone records. All of that just clouds the issue. Prove those points above as thoroughly as possible.

Evidence:
1. Invoice for the water pump repair, check or form of payment.
2. Invoice for the thermostat repaid check or form of payment.
3. Invoice for the fan repair.
4. Subpoena Mechanic 2 to testify that this was the real problem.
5. Show the judge the proof the water pump had already been replaced.

Close your case.

You win.

Keep it simple.

Good luck.