Suing in small claims court

The service dept at local dealership damaged my wheel and they're being reluctant about replacing it. They insisted on reparing it and they did, but the post-repair finish is NOT the same quality as the other wheels.

I'm going to go see the service advisor about it, but I'm not really counting on a good result. They have not been very acceptive of their accountability and have been very cheap about compensating me for the damaged they've caused.

I read on the county site about filing a case in small claims court. I've learned that the defendant(s) needs to be served. The business needs to have a registered agent or something like that?

"6. As a corporation (must have name of the Registered Agent to serve)"
Do I serve the dealership itself, or the service manager?

Should I have sheriff serve the note or should I use certified mail? If I have the sheriff serve it, is this fee recoverable along with the court fee?

I would also like to know how soon the court can usually hear my case.

Everything is different from state to state. Call your state AGs office, or check their website -- they should have a FAQ about small claims court.

Although not a corporation, when my parents wanted to start using a business name for their rentals, they had to register the name with the County Clerk. Part of the required info was who was the legally responsible individual using that name.

The County Clerk, or similar position in your area, must have similar info for a corporation doing business there. Maybe listed on their business license?

What about getting an attorney to type up a nice clear intent to sue letter for you? IT seems like most of the time a letter on official letterhead makes people think twice. Plus the cost of it would be cheaper in time/money than court.
Just an idea, sorry I can't help your initial questions

Because almost no one who sues in small claims court has any idea of what they are doing, the clerk of the court usually instructs them on how to proceed by giving them written materials of some sort. You may wish to call the clerk of the district court, or whatever its called in your jurisdiction, and ask them how to proceed.

In my state, you can get on the secretary of state's website, look up the corporation's info, and see who to serve. As you say its probably called a registered agent. That would be the person you serve.

Whatever you do, don't take the advice of a bunch of dumbos (like me) on the internet.

peace

You need to find the company's "agent for service of process"; most states now list this information online at the attorney general's web site. It is usually located in a business portal of sorts where you can check the status of a business as it is listed with the state.

Usually you can serve yourself or pay extra to have a deputy serve. I would pay to have THE MAN do the serving (it should be cheap), and you should be able to recover ALL court costs unless your state has a statute against this. Your suit would probably be against the dealership, named as listed on the AG's web site, and the notice would be sent to the agent for service of process; it can be almost anyone from the owner himself to an outside attorney.

In small claims you have to sue for monetary damages. I hear it's rare for judges to make a judgement for anything else other than money. Bring receipts, or a quote, or whatever, to prove what it'll cost for a new wheel, tire, labor, etc. (Most tire shops require replacement of tires in pairs, so factor in the cost of an extra tire, rental car, loss of wages, etc.)

Since it's a dealership, if you own the car they sell, you may be able to appeal to the manufacturer about the poor service you received. There are probably regional representatives of the manufacturer that handle such complaints. I think I heard this on Car Talk. Try calling the manufacturer's headquarters and ask them who you can complain to. This would be easier than small claims court.

If you do go to small claims, let us know how it works out for you. Consider negotiating after you file; they may be much more cooperative once you file.
Good luck!

--Walter

The bind with suing a corporation in small claims court, is in generaly they have to be represented by counsel (that was what the straw that broke Arc's back), and that in turn can force the matter out of small claims court. If the the damage was done by a new car dealer, they may participate in an arbitration scheme, which is generally fast, and fair.

Generally as part of the filings for Incorporation, they have to name someone who accepts service on behalf of the corporation.
Worst case is you can get the details from Office of the Secretary of State in the State they are in.

mattheww50 said:

The bind with suing a corporation in small claims court, is in generaly they have to be represented by counsel (that was what the straw that broke Arc's back), and that in turn can force the matter out of small claims court. If the the damage was done by a new car dealer, they may participate in an arbitration scheme, which is generally fast, and fair.

Generally as part of the filings for Incorporation, they have to name someone who accepts service on behalf of the corporation.
Worst case is you can get the details from Office of the Secretary of State in the State they are in.

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I believe you can sue a corperation in small claims court, no problem. The defendant is not allowed to have counsel (an attorney), and neither is the claimant.

Can something be kicked out of small claims court? Sure it's possible, if the court doesn't have jurisdiction, if you have no grounds for a suit, if you are asking for something the court cannot grant (i.e. asking for reimbursement when there are not really any damages, or if it's really a criminal case and not civil).

Suing a car dealership for a small amount of money is exactly the kind of thing small claims court is for I believe. And you'll need to prove your damages, and the amounts. As someone else said, tires are normally replaced in pairs (replace both on the same axel), and for 4-wheel or AWD vehicles they are sometimes replaced by fours

There is a publishing company called Nolo Press and they make some very good legal advice books, one of which deals with small claims court.

Even with small claims court, it's a pretty time consuming process and you need to get your ducks in a row in order to present a compelling case to the judge. You'll need things like testimony from unbiased 3rd party sources (other repair shops?) and witnesses to the damage. If you do sue, the dealership will probably throw everything to the lawyer and they'll probably file confusing motions like one for summary dismissal. You'll need to know how to respond properly to motions like that or else your case might get dismissed. Some states do allow lawyers to represent either party.

If you haven't already I'd try to contact the owner of the dealership and explain your case to him. Let him/her know that you aren't happy and you'll file complaints with the state attorney general's office and the national office of your car's maker AND you'll consider suing if it all isn't resolved amicably.