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small claims court

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Batcat

Junior Member
What is the name of your state? Texas
I am being sued in small claims court for fees for an estimate on car repair. No quote was given stating that there was a fee for an estimate, at the time i took the car to the mechanic shop. They only made the claim, after i had refused a 'guesstimate price' by phone, for repair costs, and removed the car to another mechanic to have it fixed. I know anyone can sue anyone for anything..but is this valid claim, since no discussion or paperwork took place previous to my taking the car in, or after i removed it from their premises?
Also, can i then sue them, for lost wages, gas, and so on, for my time, since i have to go to another town about 200 miles from my home, to contest this? Thanks
 


badapple40

Senior Member
I would -- not that either of your claims have any validity. But maybe you can make them sweat. Indicate, in your counterclaim, that you charge $3,000 for car dealers to have the priviledge to give you a quote and compete for their business and they gave you such a quote and you are therefore due the $3,000 fee. That might prove a point to them and get them to drop this.
 

JETX

Senior Member
Batcat said:
What is the name of your state? Texas
I am being sued in small claims court for fees for an estimate on car repair. No quote was given stating that there was a fee for an estimate, at the time i took the car to the mechanic shop. They only made the claim, after i had refused a 'guesstimate price' by phone, for repair costs, and removed the car to another mechanic to have it fixed. I know anyone can sue anyone for anything..but is this valid claim, since no discussion or paperwork took place previous to my taking the car in, or after i removed it from their premises?
I want to use YOUR post to announce that 'badapple' is in the running for our 'stupid response' contest on this forum. Congratulations.

Now, back to a REAL response for your post.....
Absent the FULL facts of your situation, no one can even hazard a guess as to whether their claim is valid. Especially since your post makes NO SENSE. Are you saying the shop did NOTHING other than call you with an estimate for work and you declined them doing it??

The simple fact is... if they can prove they suffered damage due to your conduct, it is likely the court could find their claim has validity. If no damage, then no.

Also, can i then sue them, for lost wages, gas, and so on, for my time, since i have to go to another town about 200 miles from my home, to contest this?
You can certainly sue for anything you want, but gas, wages, etc. are NOT compensable items in court.
Also, why do you have to go to another court?? Unless you contracted for services in that county, Texas law says that you (the defendant) must be sued in YOUR county. File a motion to dismiss.

Texas Government Code:
§ 28.011. VENUE.
An action in small claims court must be brought in the county and precinct in which the defendant resides, except that:
(1) an action on an obligation that the defendant has contracted to perform in a certain county may be brought in that county; and
(2) an action for which venue is proper under Section 15.099, Civil Practice and Remedies Code, may be brought as provided by that section.
 

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