Need an attorney for smaller case… (credit, buy, lawsuit)

[Starglow]

File a complaint with the Better Business Bureau which will sometimes lead to a settlement with the business, not including damages. They don't have any legal enforcement powers but at least your complaint will be on record against the business for others to see. Also file a complaint with the Attorney General's office as others have said. If you expect to collect damages beyond what you paid then the small claims court route will be necessary, but be prepared to spend the time and effort required to sue him.

[MikeJaquish]

Originally Posted by NCSweettea

I’m aware of how it works. I’ll put it to you this way. I’m angry and people like this guy need to be called out. He’s a fraud. I’m not the only one he’s done this too. Same narrative. I’d spend $5000 to get $4000. Get where I’m at? Lol

That said, a threatening letting at first. If he refuses to refund me and or give my vehicle back in the condition he got it? Then I’d proceed.

IF you prevail in small claims, you get a judgment.
Collecting on that judgment can be elusive. Scammers dodge judgments all the time.

If he is a total deadbeat, even if you "win" in court, you may be paying $5000 in legal fees to recoup $0.00.

And, this may be a case for Monica LaLiberte?

[lancers]

OP good luck with your problem. Why would you pay this guy upfront?

[twingles]

Originally Posted by MikeJaquish

IF you prevail in small claims, you get a judgment.
Collecting on that judgment can be elusive. Scammers dodge judgments all the time.

If he is a total deadbeat, even if you "win" in court, you may be paying $5000 in legal fees to recoup $0.00.

And, this may be a case for Monica LaLiberte?

Even if you get a lawyer and get a judgement you still may not get paid. Same thing happens there too.

[twingles]

Originally Posted by NC Observer

In order to get a “no cost/ free” consultation, you will be pre-screened by a low level, non-attorney person, and that person will make the decision as to whether or not the case is worthwhile for a staff attorney to spend 30 minutes in a free consultation with you. This dollar amount is peanuts and I doubt that you would get beyond the initial call with the screener.

In this case, the pre-screener would likely recommend that you handle it yourself, in small claims court, where cases like this should land. That’s the whole point. You do the legwork yourself and save money. Although the losing party has an automatic right to appeal, it will likely lead to a quick settlement. Small Claims has a limit of $ 10,000.00, so you would be good there.

No lawyer is going to touch this case unless you agree to pay an hourly rate, which can be quite expensive. It still may be worth it if they do nothing than write a firm Demand Letter, which will get the repair guy’s attention. Still, that would cost you. I just went through this in a similar matter, (although the dollar amount was somewhat higher, around $ 40,000.00) and I paid $ 400.00 per hour. Lawyers aren’t cheap. My final bill legal bill was close to $ 4,500.00, mainly due to the back and forth between the lawyer and my former business partner etc. They will bill you for everything, including “paralegal fees”.

They also bill in such a way as to maximize their profit. That 10 minute call will likely be billed at half hour and so on.

Lawyers who advertise "we don't get paid unless you win" don't tell you about all the little expenses they're subtracting from your settlement to go along with their 1/3 cut, but they only want 1/3 of LARGE cash settlements. And they're not really interested in your extraneous mental anguish "damages" either.

[MikeJaquish]

Originally Posted by twingles

Even if you get a lawyer and get a judgement you still may not get paid. Same thing happens there too.

Oh, yeah. But, when one has an ax to grind, and a stone to do it on, and the wherewithal to pick up the tab......

I was a witness in a small claims proceeding.
The deadbeat skipped town to avoid an $800 judgement. LOL
There is no end to the earnestness of the Deadbeat Elite when they have to make things right.

[wizard-xyzzy]

Originally Posted by twingles

That 10 minute call will likely be billed at half hour and so on.

It's not uncommon for lawyers to bill in 15-minute or 30-minute increments. So, be careful about placing numerous phone calls and writing numerous emails. When possible, combine several questions or issues into a phone call or email.

[Ed_RDNC]

I had a lawyer friend of mine tell me that for circumstances like this, you should stop and think a bit. "What do I really want, and what will I settle for?".

As mentioned above, paying even more money to get the chance to make them suffer can be pretty expensive.
Small Claims is probably the best way to get action from them, and it's a crap-shoot. First, try to convince him you're not going away and will be more of a bother than getting you what you want. Here is what I did in a similar situation:

• Send them a Demand Letter, describing your grievance, and how you will respond. (This is the wheel starting to squeak).
• Say what you feel is fair (Car back in the condition you gave to him, plus full refund, or whatever).
• Or: You'll file a lawsuit (You'd do a Small Claim only, but don't detail that to him, and it's only a threat at this point, not actually doing it).
• AND list how you'll damage his reputation and future business by reporting him to the BBB, Yahoo, Google, Yelp, Facebook, any mechanic's certification organizations he claims to belong to, the local TV stations consumer advocate reporters, and the NC Attorney General, and the NC Consumer Protection Division. (All can be done for free, on-line).

You might get a lawyer to put the above on their letterhead for a nominal fee (Mine said free, I paid him $50).

[NCSweettea]

Originally Posted by lancers

OP good luck with your problem. Why would you pay this guy upfront?

Thanks for some good advice here folks…I didn’t pay him upfront. I took my vehicle to him and after he diagnosed it he determined that the engine should be rebuilt. A week later I got a call that it was ready and everything had been rebuilt. I went and paid with my credit card. Picked up the car and started driving down the road and got no further than 10 miles and it was doing the exact same thing it was that made me bring it to him in the first place. Lol I immediately called my credit card and told him I wanted to dispute the payment I had just made. They couldn’t stop the payment from going through, but would allow me to file a dispute. My next call was to the mechanic. He assured me he had done the work and was baffled why the car would be acting the same way. He asked me to drive it for a few days and see if it was still doing the same thing. He assured me he stood by his work and would honor the 12 months, 12,000 mile warranty that he gave me with it. So based on this I called back my credit card company and told them to go ahead and let the payment go through.

Fast forward of course the car continue to perform poorly and I took it to another mechanic who gave me his professional opinion that this engine had never been touched. He even stated I doubt if the guy even change the oil in it. He sent a tow truck to pick up my vehicle. And towed it to his shop. I didn’t feel it would make it driving 50 miles to where he was located. Four months later he still has my vehicle. He claims he can’t figure out what the problem is it’s something electrical. I got the same mechanic and offered him $200 to show up during business hours at the business location. I told him I wanted to inspect my vehicle when we arrived. He became very belligerent and angry. We found my vehicle in the rear of the yard. Once again obviously had not been worked on. It had just been sitting there for months and months. He was trying to tell me I owe him another $1600 in electrical work that he had done trying to troubleshoot what the problem was with the vehicle. I looked him straight in the face and said “we’re going to court buddy, you’re a theif.”


So that’s where I’m at.

[Jkgourmet]

Originally Posted by NCSweettea

Thanks for some good advice here folks…I didn’t pay him upfront. I took my vehicle to him and after he diagnosed it he determined that the engine should be rebuilt. A week later I got a call that it was ready and everything had been rebuilt. I went and paid with my credit card. Picked up the car and started driving down the road and got no further than 10 miles and it was doing the exact same thing it was that made me bring it to him in the first place. Lol I immediately called my credit card and told him I wanted to dispute the payment I had just made. They couldn’t stop the payment from going through, but would allow me to file a dispute. My next call was to the mechanic. He assured me he had done the work and was baffled why the car would be acting the same way. He asked me to drive it for a few days and see if it was still doing the same thing. He assured me he stood by his work and would honor the 12 months, 12,000 mile warranty that he gave me with it. So based on this I called back my credit card company and told them to go ahead and let the payment go through.

Fast forward of course the car continue to perform poorly and I took it to another mechanic who gave me his professional opinion that this engine had never been touched. He even stated I doubt if the guy even change the oil in it. He sent a tow truck to pick up my vehicle. And towed it to his shop. I didn’t feel it would make it driving 50 miles to where he was located. Four months later he still has my vehicle. He claims he can’t figure out what the problem is it’s something electrical. I got the same mechanic and offered him $200 to show up during business hours at the business location. I told him I wanted to inspect my vehicle when we arrived. He became very belligerent and angry. We found my vehicle in the rear of the yard. Once again obviously had not been worked on. It had just been sitting there for months and months. He was trying to tell me I owe him another $1600 in electrical work that he had done trying to troubleshoot what the problem was with the vehicle. I looked him straight in the face and said “we’re going to court buddy, you’re a theif.”


So that’s where I’m at.

And you've got proof of all those conversations, right? Phone calls are worthless.

"You need to come to court with more than your flapping gums." Judge Marilyn Milian