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Pre-Small-Claims Letter

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bwsmoney

Junior Member
IOWA

Our car had an engine problem while visiting my parents (about 200 miles from my home, but both are in Iowa). We had it repaired, but it had a problem in the same engine area again within two weeks, back near our home. The mechanic here determined that the first repair was not done properly, causing the second problem. The first mechanic replied to our first inquiry, but since has not responded to any of our messages.

We want to draft a letter to formally request reimbursement from him for the second repair. Where can we go for help with drafting this letter?

Would we have to file our claim where the repairs happened? Or could we file here, where the car broke down the second time?
 


seniorjudge

Senior Member
Q: We want to draft a letter to formally request reimbursement from him for the second repair. Where can we go for help with drafting this letter?

A: Just clearly state in plain English what happened and why you think the people owe you $X.



Q: Would we have to file our claim where the repairs happened? Or could we file here, where the car broke down the second time?

A: Where the repairs happened.
 

bwsmoney

Junior Member
follow up Q

IOWA

If/when we do reach small claims court, will the second mechanic need to be present, or will a written statement of his determination suffice? As I said, it is a considerable distance. I will have documents showing the first mechanic in fact worked on the car and documents showing that the same parts he replaced failed within two weeks.
 

seniorjudge

Senior Member
bwsmoney said:
IOWA

If/when we do reach small claims court, will the second mechanic need to be present, or will a written statement of his determination suffice? As I said, it is a considerable distance. I will have documents showing the first mechanic in fact worked on the car and documents showing that the same parts he replaced failed within two weeks.
I would never rely on written statements; they are notoriously difficult to cross-examine.

In other words, have all your ducks in a row or forget the whole thing.
 

bwsmoney

Junior Member
You're kidding ... because mechanic A screwed up a considerable distance from mechanic B, mechanic B would have to travel said considerable distance to state his opinion of mechanic A's work, rather than just a written statement? So I'm on the hook for mechanic B's travel expenses, as well as my own?

More of a statement of frustration than an actual question.
 

seniorjudge

Senior Member
bwsmoney said:
You're kidding ... because mechanic A screwed up a considerable distance from mechanic B, mechanic B would have to travel said considerable distance to state his opinion of mechanic A's work, rather than just a written statement? So I'm on the hook for mechanic B's travel expenses, as well as my own?

More of a statement of frustration than an actual question.
Get mechanic C closer to mechanic A.

Let's turn this around; you're in court and the other guy presents a written statement from mechanic D that you know is full of errors. How do you cross examine the statement?
 

bwsmoney

Junior Member
Okay

Getting someone from around there makes sense, but they didn't work on the car, Mechanic B did, wouldn't I be giving up some as much as I'm gaining?
 

seniorjudge

Senior Member
bwsmoney said:
Getting someone from around there makes sense, but they didn't work on the car, Mechanic B did, wouldn't I be giving up some as much as I'm gaining?
Frankly, I do not trust Mechanic B or anyone else with a last name like that.
 

dcatz

Senior Member
So I'm on the hook for mechanic B's travel expenses, as well as my own?
Mechanic B is a non-party. If he is served with a subpoena and *compelled* to testify, he is entitled to reimbursement. And courts do allow you to recover the "costs of suit". But the amount permitted by law to compensate for responding to a subpoena can be small and many Small Claims Courts consider that allowing the expense is discretionary. Still, you can check on what is permitted and possibly on whether the court grants it by calling the court.
 

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