Should I and how do I sue an LLC in small claims?

[budwan]

What is the name of your state (only U.S. law)? - Arizona (Maricopa County, Surprise, AZ)

Hello,

I have some questions. If I file a small claims suit against someone and lose will it show up on my credit? If I lose will I be held responsible to pay costs beyond my fees for filing the suit?

My car sustained damage in a car wash. The wash had a sign "we are not responsible for damage". Is this legally binding? I have tried through normal channels to resolve this with the company and have been treated like dirt. They have not even had the courtesy to say "no we wont pay for it" they just keep stringing me along! This has drug on for 3 months now.

I have never file a small claims suit before. I have learned I must file against whoever is listed as the license holder. My local city hall informed me an LLC was the license holder. How do I sue an LLC? I am confused about who to list as the defendant, as well as who should be served. I have found a persons name through my local corporation commisions website. The individual is listed as the "statutory agent". Is this who I file against?

Thanks for any advice.What is the name of your state (only U.S. law)?

 

[seniorjudge]

Contact the secretary of state of your state and find out who the registered agent is for that LLC.

Serve the papers on that registered agent.

Before you do any of that, however, go to the state bar's website and read all about small claims.

 

[Zigner]

What was damaged? How was the damage caused?

 

[budwan]

The damage consists of a cracked trim piece between the hood and windshield. I am not sure how the damaged was caused exactly. The trim piece was not in poor condition prior to entering the carwash (the trim piece is in my line of vision when I enter / exit my car). I exited / entered my car numerous occasions during the day including at the gas station before pulling through the wash. The crack was not present then. Upon exiting the carwash I drove through the parking lot (no major or side streets, just the parking lot) and got out of my car at a restaurant to eat dinner with my wife which is when I noticed the damage. It is very minor however since the damage wasn’t there before I went in and was after I exited I feel compelled to pursue the situation, especially because the piece is not brittle or in poor shape.

If you would like I can tell the whole drawn out story and how I have finally resorted to researching how to take this to small claims.

Any input regarding if this would show up on my credit if I lose or if I can be held responsible for any fees beyond what I would pay to file?

Thanks.

 

[JoshDom1898]

Read everything at the following link:

Justice Courts - Small Claims

1. The defendant would be the name of the LLC, you only serve the person listed as "statutory agent". You have to serve them with a copy of the complaint and the certificate of compulsory arbitration.

2. You are the plaintiff.

3. You're going to have a hard time winning because you didn't tell the car wash about the damage before you drove off the lot. They will have an easy time defending it by just saying "he was at a restraunt and a rock hit his windshield, not our problem"...you're in for an uphill battle.

4. The limit for small claims in AZ Justice Courts is $2,500 or below...in small claims in AZ, attorneys are not allowed. If the amount you sue for is above $2,501-$10,000, you will be put into Justice Court, attorneys are allowed there. $10,000 plus, and you're in Superior Court.

5. If they don't Counter-Sue you and you lose, you will probably only have to pay the Car wash's fees for showing up and defending your lawsuit (and attorneys' fees if you're in Justice Court). It won't hurt your credit.

6. If they do Counter-Sue you and you lose, you will have to pay their fees for defense of your action, their attorneys' fees (as most likely the Counter suit would be the amount in question above $2,500), and whatever the judge awards them. They will then proceed to collect their judgment. They can record their judgment on Maricopa's Recorder's website, which is public information so everyone in the world will know you lost and how much you lost by, you will not be able to get a loan or get any line of credit with a judgment on your record, it will be reported to the credit beuruas and damage your credit until you pay it off (I still think it will stay there 7 years though - not sure, ask someone who knows more about credit beureaus).

7. If you win (which i think is unlikely based on the facts in your post), you get to collect on your judgment and have the crack in your windshield fixed. All that credit stuff will happen to them too, but it will happen to their LLC, not their personal credit...

Answer your question?

 

[budwan]

JoshDom1898,

Your post was very informative, I appreciate it.

I do agree it sounds like an uphill battle. However even if I lose I feel like I need to do this based on principle. I feel so strongly the carwash damaged my car. I can't prove it with hard evidence though, who could?. The only thing I can present is my word that the damage was not there as I was sitting at the gas pump fueling my car. After finishing fueling my car I drove through the carwash. After finishing the carwash I went next door (through the parking lot) and ate dinner. When I got out of the car before entering the restaurant I saw the damage. After finishing dinner I went back through the parking lot and filled out an incident report at the gas station / carwash. That's it. I can present time stamped receipts but that is the extent of it.

The only thing I am leaving out is the fiasco I have endured trying to get the gas station / carwash to respond to my complaint. I would call, they would say they would call back and to wait a week. No calls ever came. I was ignored. I know this won't help in court but its part of the reason I am so frustrated. This has been going on for some form or another since late July. Promise after promise with no results.

Do I really need to be concerned about being counter sued? The thought of that really scares me.

Also the amount I would sue for is way below the $2500 limit and matches the repair estimate the carwash requested I obtain.

Last question - I just don't want to abuse or mis use the legal system. Regardless of your feeling on if I would win or lose does it seem inappropriate for me to file a suit for this?

 

[seniorjudge]

I do agree it sounds like an uphill battle. However even if I lose I feel like I need to do this based on principle.


If you are interested in principle you will need to go to Federal court.

Stick with small claims where all they are interested in is money!

 

[JoshDom1898]

Do I really need to be concerned about being counter sued? The thought of that really scares me.

I don't know, I guess it depends on how much you piss the car wash off...I can't answer that. But from what you've told me, I'd think they just defend your lawsuit....who knows though, people do a lot of crazy things.

Last question - I just don't want to abuse or mis use the legal system. Regardless of your feeling on if I would win or lose does it seem inappropriate for me to file a suit for this?

Inappropriate? I don't think so, it's done all of the time. Small claims stuff is handled pretty quickly, you're probably looking at a verdict in 2-4 months (relative to litigation in Superior Court which could take years - that is very quick). But I honestly don't work with small claims, well because, they're small claims and attorneys aren't typically involved. But I'm sure this is not the first "the car-wash damaged my car" case they've heard.

Good luck, hope it works out for you.

 

[budwan]

I do agree it sounds like an uphill battle. However even if I lose I feel like I need to do this based on principle.


If you are interested in principle you will need to go to Federal court.

Stick with small claims where all they are interested in is money!

seniorjudge,

Do you have any insight as to if I need to legitimately be concerned about being counter sued and ending up with a judgment against me if I proceed?

And what I mean when I say I feel like I need to do this based on principle is I feel as if I am justified filing suit. I am trying to bait someone helping me decide if I am out if line or justified moving forward with this.

 

[Zigner]

Unfortunately, you are going to have to prove that the car wash actually malfunctioned. If the car wash was operating normally, you waived your right to make a claim for damages.

That doesn't mean "don't sue"...that just means your odds of success are less than 50/50

 

[seniorjudge]

Q: Do you have any insight as to if I need to legitimately be concerned about being counter sued and ending up with a judgment against me if I proceed?

A: I think Josh pretty well nailed it; no telling what those folks will do. (We don't know them.)


Q: And what I mean when I say I feel like I need to do this based on principle is I feel as if I am justified filing suit. I am trying to bait someone helping me decide if I am out if line or justified moving forward with this.

A: You said: "The damage consists of a cracked trim piece between the hood and windshield. I am not sure how the damaged was caused exactly." That certainly hurts your case. Only you can decide if it's worth it; you never know...they may want to settle and give you some dough just so they won't have to go to court.

 

[seniorjudge]

...

That doesn't mean "don't sue"...that just means your odds of success are less than 50/50

...

And realize that in ANY lawsuit, the best your odds will be are 50-50.

 

[budwan]

I appreciate everyones quick responses and information. This site has been a great resource.