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Going to court

5K views 32 replies 15 participants last post by  gran_national 
#1 ·
Back in September I had written about how I was glad that I had taken pictures of a hood which was full of body filler. At the time the customer who at first accused me of warping the hood, took a look at the pictures and opoligized and agreed to pay.

I never did get a check and I spoke to this guy today. He was back to saying I warped it. Said all their guys with all of their experience agree, what a surprise that it was from me, despite that it was covered 100% with filler. He actually just hung up on me. I called back to continue politley, and this time he tried to say how come the ribs were not warped on the underside if it had been warped before. I don't know what he meant by that. He then said "f. you ,you bastard and again hung up. I weant right down to the court to file. I guess we will see. It's only a $200. dollar invoice. I asked for $1000 total for the abusive language. I doubt they would award it but it will piss the customer off.
 

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Discussion starter · #5 ·
I don't expect to get anything for the cussing. I just want to get the owners attention. I am not concerned with going to a local court house for two hours. It's well worth it to protect my blasting reputation. It obviously isn't about the two hundred. And what's wrong with a few emotions now and then. It's ok to be pissed off and want to do somthing about it. Part of it is how they handled it. They had said they would pay and then just ignored it like I would sheepishly disapear and forget about it. It just erks me. I am just going to take my one shot at it a month from now for like one hour in a court. Let me have my fun.
 
Discussion starter · #10 ·
I actually picked this part up and then brought it back to them so I kind of did this to my self. I had stoped in to try to get their business so this was the first, and last, blasting I did for them. Oh well. I'll let yopu all know how it goes. It's just a two hundred buck loss so it's just for kicks any way.
 
Discussion starter · #13 ·
I have a court date set for Dec. 23
They have added a counter action for $300. saying I destroyed the 1965 hood.
You never know what a judge will think But I think my pics will do the job.
Somtimes it's a while before they tell you a decision and it will be over christmas but I will post it when I know it.
 
Discussion starter · #16 ·
Wess I understand your thinking. Many would agree that it isn't worth it but "it" realy isn't any trouble at all. It took about ten minutes to fill out the form and court will be a short drive from my shop one day for an hour. I just want to see what happens. I find it entertaining.

As far as details before blasting, well I did tell them what it would cost and they did agree to it. They just didn't come up with the cash after. I couldn't say to them, hey I'm back with that hood now pay me first or I won't take it out of my truck. That wouldn't exactly get me off on the right foot with them. You can't always get your cash for a variety of reasons. Five years is cool run, I mean that, but talk to me in fifteen more years when you have the same time in as I have now. Just recently I put a part on a guys car and he just drove off. I thought he had paid my wife in the office. That was a $50.00 mistake. Things happen.
 
Discussion starter · #17 ·
Today was court day. Their Lawyer aproached me and asked if I wanted to call it off if they would call off their counter suit. I said thank you no and we went in. It's tough in there. I'm not sure how I did. It's clear that the hood was worked on before. Their possition was that I made it worse although they really have no proof of that beyond their opinion and that I promised It would not warp. Of course I only said I would do my best with it and never gauranteed anything. I objected when they made assumptions and stopped them in mid sentance when they were beyond answering just my questions. I was on fire in there. Well that's how I remeber it anyway. We will have an answer in five days.
 
Discussion starter · #19 ·
Actually judges often delay an answer. There was someone else in a post that said they are waiting and I have a friend with a landlord problem who also waited.

They new when I brought it back to them but it was worked on before so who knows if it changed from my blasting it. I used walnut and fine glass at about 35 psi. What more can you do? Even if it did move more there isn't anything more I could have done to prevent it.

From now on I don't deliver anything or let anything leave the shop before it is paid. I think I will also make a contract that explains that there is always some risk of warping on sheet metal or holes appearing where rust is heavier than expected or had been hidden by fillers. and that payment is not dependent up on the usibility of any item after blasting. I will also explain that masking, wheather by me or by the customer does not gaurantee the saftey of the part. Any thing attached to an item brought in to an abrasive blasting environment might get blasted. If you don't want it blasted take it off. Even if you get paid you don't need some clown draging you to court later saying they didn't know when they picked it up that it was damaged in some way and now they want money back or worse a replacment cost of maybe a whole clasic car.
 
Discussion starter · #21 ·
"Of course I only said I would do my best with it and never gauranteed anything"

That's from my post a couple up. I would never say that there could be no warpage I know better than to say anything like that. They just say that I did say that so it's there word against mine. I asked them to show any contract where I offered any gaurantee and and stated that told them I understood their concerns and that I would use the right materials and lower than usual pressure to get the best results possible. It's up to the judge if he believes them that regardless of the prior damage which all agree was there that I personally caused more or different damage and that it was not so much an unavoidable affect but due to incompitance. I have proof they have zero proof but I may still loose. That's why a contract might be the best thing. A person can come back to you a year later saying they just got around to painting and they only then decided that you had damaged it and sue for whatever. I will work on a contract and post it for everyone here. Then we can all tweak it together for those who agree they should use one. I know many here will say they are against it to not scare off a customer but it beats a $20,000 law suit ffor replacing a bunch of panels and repaint and such, it could happen.
 
Discussion starter · #23 ·
Yeah I covered some of this earlier. I had done other work for this company before. Auto glass work. Also their office man used to be the parts guy at a local chevy dealer who has known me for more than ten years. I just didn't think they would screw me like this. Also this is the one and only time I have picked up and delivered a blasted part. Customers usually pay in my office and then load the part. I just brought it in to them out of my truck and then it's too late. I have never asked for money up front on smaller things because I figure everyone wants their parts back but your right they may not. Since in this case I stopped in to their place to see if they had work for me it would have seemed odd then tell them I had to get paid up front. It was just a hood after all. But here I sit SCREWED. I am working on the disclaimer as I said above.
 
Discussion starter · #24 ·
Victory is mine!!!

I recieved the news today. I was awarded $597.00

Two hundred for the origional bill ninety seven for court costs and two hundred extra for their use of profanity. I had asked for eight extra but two is cool.

Of course I may never get paid they may appeal, who knows who cres. To me the point is that a judge agreed with me and They had a lawyer and I still kicked their butts. I will post more as it happens.
 
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