oil change gone bad

What is the name of your state? Arkansas

I took my car to a quick lube and asked for an oil change. Within miles the differential locked up. The car was towed to dealer, and mechanic there said differential had been drained ($2000 in damages + rental car) I returned to the oil change shop and owner admitted that his mechanic had 'accidentally' drained 'some' of the transmission fluid which they replaced. They are denying any liability, and deny touching the drain for differential, but dealer mechanic has said he'd testify to his findings. Oil business is now up for sale!! I'd like to represent myself on this, but realize that if business sells before action is taken, the new owner will not be liable, nor will present owner have to disclose.
Questions: If I file in small claims and owner receives notice to appear, will this be sufficient that the owner will have to disclose to purchaser that litigation is pending? Also, if I win judgement in small claims, and owner stalls or refuses to pay, can I then place a lien on his business? Is small claims the best way to go as I will have to convince the judge that the responsibility lies with the owner of the oil business, and that my car was fine when I pulled in to the place? (I've only had the car for 3,600 miles total of 50,000 miles and entire service record rests at the dealer to which my car was towed.) Are all of the options I've named doable by me or should I retain legal counsel? Thanks in advance for your help.

Does the Oil Change place preform a 21 or so point check , including the differential fluid check ?

thymeonmyhands said:

but realize that if business sells before action is taken, the new owner will not be liable, nor will present owner have to disclose.

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That may not be true. It depends entirely on the terms of the sale... and whether the new owner assumes liability or not. Further, a lot depends on the way the business is set up... proprietorship, etc.

If I file in small claims and owner receives notice to appear, will this be sufficient that the owner will have to disclose to purchaser that litigation is pending?

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There is no statutory obligation for the seller to notice the buyer (that is up to the buyers 'due diligence'). But there could certainly be problems between the buyer and seller (not you) if the buyer is not aware of the issue.

Also, if I win judgement in small claims, and owner stalls or refuses to pay, can I then place a lien on his business?

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Yes.... and no. Though judgments do have a statutory right of lien, it doesn't work that way against a business. There are LOTS of other ways allowed to enforce the judgment.

Is small claims the best way to go as I will have to convince the judge that the responsibility lies with the owner of the oil business, and that my car was fine when I pulled in to the place? (I've only had the car for 3,600 miles total of 50,000 miles and entire service record rests at the dealer to which my car was towed.) Are all of the options I've named doable by me or should I retain legal counsel?

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Before filing suit (like right NOW!!) gather as much written facts as you can. Try to get something from them confirming the verbal "owner admitted that his mechanic had 'accidentally' drained 'some' of the transmission fluid which they replaced.". Also, make a chronological 'timeline' of the circumstances. And above all else.... make damn well sure that the 'other' mechanic appears to testify for you that "mechanic there said differential had been drained".

JETX said:

Before filing suit (like right NOW!!) ...

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If you ignore everything else, this ^^^ is the stuff to pay attention to.


Also, being that this kind of crap happens quite frequently (when you consider who they hire to do the work, it's not that surprising) at these quickie-change places, you may be able to get somewhere with their insurance adjuster. You'll likely need the mechanic "on your side" to back up your claims (his verbal agreement is great but try to get him to make a nice written & notorized statement), but it's one more avenue to pursue after you file your small claims case.

You Are Guilty said:

his verbal agreement is great but try to get him to make a nice written & notorized statement

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Warning: It is completely up to the small claims judge on whether he will even read a written statement by a non-appearing witness. And though YAG's suggestion is good ('notarized' ) do NOT rely solely on the statement. Have the witness appear in court with you.... by subpoena if needed.

In NYC small claims, the fact that someone actually shows up with something in English usually means they have a good shot at prevailing.

However, while one would hope that Mr. Helpful Mechanic would be willing to appear voluntarily, its amazing how quickly witnesses "forget" what "really" happened, so barring taking his deposition (ha!), get the statement. Even if it's eventually deemed inadmissible, you can still "backdoor" its contents in when you make your pitch to the judge to have it admitted into evidence.


PS: Yikes. I'm going to ask for a refund for my Masters in spelling from NYU. That was bad.


PPS: Learn to change the oil yourself and you'll never have this problem ever again!

You Are Guilty said:

In NYC small claims, the fact that someone actually shows up with something in English usually means they have a good shot at prevailing.

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If 'Judge Judy' (a family court judge!!) is an example of the types of judges New York has.... she better have her notarized statement AND the witness appear.

The car was towed to dealer, and mechanic there said differential had been drained ($2000 in damages + rental car) [ quote ]

Besides the mechanic as a witness, If you had the work already preformed on the repair , take the repair invoice ( or estimate )cost ( preferably stating what caused the damage ) , and the car rental invoice , both marked paid .

JETX said:

If 'Judge Judy' (a family court judge!!) is an example of the types of judges New York has.... she better have her notarized statement AND the witness appear.

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LOl My daughter went with a freind on the Judge Judy show. The show was taped in LA .

Blonde Lebinese said:

LOl My daughter went with a freind on the Judge Judy show. The show was taped in LA .

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It might be taped there, but she is a New Yorker through and through (can't you tell from her 'personality' or lack thereof )
Here is her biography:
"Having made a name for herself as a tough but fair judge in New York's Family Court, Judge Judith Sheindlin retired from the bench in 1996 and segued into television to host the syndicated series, whose ninth season premiers on Monday, September 13, 2004. Judge Judith Sheindlin brings her trademark wit and wisdom to the widely successful half-hour series that takes viewers inside a television courtroom where justice is dispensed at lightning speed.

Judge Judith Sheindlin's career in family court began in 1972 prosecuting juvenile delinquency cases for the state of New York. Though it was an emotionally taxing job, Judge Judith Sheindlin knew right away she had found her calling, quickly developing a reputation as a sharp, no-nonsense lawyer. In 1982, New York's then-Mayor, Edward Koch, appointed Judge Judith Sheindlin to the bench as a Judge in the Family Court."

Since family law is completely different than civil law, you can see from the above why her 'tv rulings' usually have very little relevance to REAL law.... and doesn't her squally, whiney, demanding voice make you want to just bitch-slap her???

You might also find the biography for her bailiff interesting:
"Petri Hawkins Byrd is the Bailiff on JUDGE JUDY, the top-rated, Emmy-nominated, syndicated courtroom series that returns for its ninth season on Monday, September 13, 2004.

Byrd is a native of Brooklyn, New York. He attended John Jay College of Criminal Justice and received his Bachelor of Science in Criminal Justice in 1989. While attending college, Byrd worked as a court officer in the Brooklyn Family Court system. In 1986, he was transferred to the Manhattan Family Court system, where he worked on a rotating basis with all the judges, including Judge Judy. "I was never bored in her courtroom," muses Byrd. "Her get-to-the-point style didn't always sit well with the litigants, and there were times she was definitely glad to have me around."

In 1990, Byrd relocated to San Mateo, California, and became a Special Deputy U.S. Marshall.

In 1993, Byrd accepted an offer to work as a student counselor at Monte Vista High School in San Mateo. In 1996, after reading a story in Liz Smith's column about Judge Judy, her new book, and her upcoming television project, Byrd decided to send a letter congratulating the Judge and, jokingly asking if she would be interested in having him serve at her side again. Judge Judy returned his letter with a phone call, accepting his offer. Byrd, who lives in Sacramento with his wife and four children, drives to Los Angeles every other week to serve in the role that launched his career over a decade ago."

JETX said:

If 'Judge Judy' (a family court judge!!) is an example of the types of judges New York has.... she better have her notarized statement AND the witness appear.

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Funny you bring her up. I worked in Family Court for about a month before she left (presumably to do the show). She is 100% exactly like that on the bench in person too. The weird thing is she was quite civil when not "on the job". I don't remember 'Petri Dish Byrd' being around though.

I still miss Judge Wapner

You Are Guilty said:

I still miss Judge Wapner

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And the one 'TV judge' that I have the highest respect for....
is
Judge Marilyn Milian.

And she ain't bad on the eyes either!
http://www.marilynmilian.com/marilynlayout.jpg

She has REAL legal and court experience... something that other 'tv judges' wish that they had:
"After high school, Milian attended the University of Miami to receive her undergraduate degree. She then graduated summa cum laude with a 4.0 average.

To follow up in her education, Judge Milian went to Georgetown Law School where she earned her law degree and graduated cum laude.

She spent a year working at Harvard Law School, where she served as director of training for the Guatemala Project. There, she was responsible for training the Guatemalan trial judiciary, defense and prosecution bar in investigatory and trial techniques. Florida Governor Jeb Bush appointed Milian to the Miami Circuit Court in 1999, where she served in the Criminal Division. Prior to that, she spent five years in the Miami County Court in the Domestic Violence Court, Criminal and Civil divisions. She was appointed to the County Court by then-Governor Lawton Chiles. Before serving in the County Court, Judge Milian worked from 1984-1994 as an Assistant State Attorney for the Dade County State Attorney’s Office (Janet Reno hired her for the position).
In January of 2001 she was asked to join "The People's Court" and with advice from her family she gladly took the job. "

Not bad, (espectially for a judge), but I'm still willing to bet Wapner was naked under his robes.


And I might be crazy, but wasn't "Judge" Ed Koch on the show for a while? Clearly, legal accumen is not a requirement for "presiding" over the People's Court.

You Are Guilty said:

And I might be crazy, but wasn't "Judge" Ed Koch on the show for a while?

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Yep. And a lot of people assume that he wasn't qualified, but he was. In fact, he has been a licensed attorney in NY since he received his L.L.B. degree in 1948 (from the New York University School of Law) and was admitted to the bar in 1949.

He is currently with the law firm of 'Bryan Cave' in New York.
http://www.bryancave.com/people/bio.asp?id=3905

Also, I find your statement of being naked under robes interesting, especially since Mr. Koch faced 'interesting' issues.....
During his 1977 mayoral primary, campaigners for Mario Cuomo plastered posters with the slogan "Vote for Cuomo, not the homo" throughout the city. Koch denounced the campaign, later saying "No, I am not a homosexual. If I were a homosexual, I would hope I would have the courage to say so. What's cruel is that you are forcing me to say I am not a homosexual. This means you are putting homosexuals down. I don't want to do that." He has generally been less explicit in his denials in later life, and refused comment on his actual sexual experiences , writing "What do I care? I’m 73 years old. I find it fascinating that people are interested in my sex life at age 73. It’s rather complimentary! But as I say in my book, my answer to questions on this subject is simply 'F*** off'. There have to be some private matters left."