D
drdee2b
Guest
What is the name of your state? NORTH CAROLINA
I sued an auto body shop in small claims for poor and unapproved work. The magistrate ordered they redo the work to my satisfaction, and then dismissed without prejudice. Upon performing the work the shop foreman issued a verbal 1yr warranty on the work. The paint began popping off within the year and i requested in writing repairs under the warranty. The foreman agreed to work in writing under the verbal warranty. The work sucked! I sued again. Magistrate dismissed due to following two issues:
1-no written proof of magistrates orders from first suit
?--i checked the clerk files and found nothing except that it
had been dismissed w/out prejudice. how do i get
notes/documentation of the magistrates verbal instructions?
2-i had a written statement by an independent autobody expert,
which i learned was unsatisfactory......he has to be present in court......
?--if he agrees to this, should i compensate him for his time
and would the court frown upon this?
3--Also, is the verbal warranty we agreed upon considered legal, especially since i have it in writing where we both acknowledged it?
4--Finally, can i even try the case again? Is there any kind of limitation on retrying the same question?
Thankyou for your response and assistance
I sued an auto body shop in small claims for poor and unapproved work. The magistrate ordered they redo the work to my satisfaction, and then dismissed without prejudice. Upon performing the work the shop foreman issued a verbal 1yr warranty on the work. The paint began popping off within the year and i requested in writing repairs under the warranty. The foreman agreed to work in writing under the verbal warranty. The work sucked! I sued again. Magistrate dismissed due to following two issues:
1-no written proof of magistrates orders from first suit
?--i checked the clerk files and found nothing except that it
had been dismissed w/out prejudice. how do i get
notes/documentation of the magistrates verbal instructions?
2-i had a written statement by an independent autobody expert,
which i learned was unsatisfactory......he has to be present in court......
?--if he agrees to this, should i compensate him for his time
and would the court frown upon this?
3--Also, is the verbal warranty we agreed upon considered legal, especially since i have it in writing where we both acknowledged it?
4--Finally, can i even try the case again? Is there any kind of limitation on retrying the same question?
Thankyou for your response and assistance