shyster car shop

[Chili]

Texas- My mechanic husband suggested that I take my car to a shop for a simple brake job, as they could machine the rotors there, and it would be less down-time for me. I called 3 or 4 shops & was quoted about the same rates, so being a woman, I went to the one closest to shopping & food. After inspecting my car, the man tells me my entire brake system (rotors, calipers, & pads) is shot & unsafe to drive. Thinking something major had failed since my husband inspected them, I authorized the repairs to the tune of $513.32, requesting that the used parts be placed in my car, as my husband would want to see them. The parts were not returned, and my husband had a stroke when he saw the invoice. I called the next morning & told the man my husband said I didn't need all that work done and asked for the parts. He said I could pick them up. When I got to the shop, I was only able to retrieve 1 rotor, & the pads had been thrown away. I asked the man if he wanted to make any adjustments to my invoice, he declined. I told him we'd just have to settle it before a judge, to which he replied that he's never lost a case! I guess he gets hauled into court, alot... I've taken the rotor that I have to 3 different machinists who've all said it has plenty of meat left on it, 1 going so far as to aske me my mileage, as he didn't think it had ever been re-surfaced! I have since learned that this shop has done a number on many people. My questions are these: can I post a classified ad that says something generic like, have you been ripped off by an auto repair shop on Stewart Rd and my ph.# to gather other victims of this crook? It could well go from small claims to Class Action. My other question is about the deluge of legal papers his attorney is sending me. The most recent is a Request for Defendant's Disclosure. It looks suspiciously like an out-line to prepare his defense! Asks for names & addresses of witnesses, evidence, etc. Am I obliged to provide this information? I have not consulted an attorney as I believe the evidence & facts speak for themselves. Sorry this is long, please advise, thanks!

 

[JETX]

It sounds like you are a victim of the well-known car repair scam. A lot of brake, muffler and transmission shops are famous for their cheap offers to get you in the door, then jacking up the price when they have you.

A couple of random thoughts:
1) You aren't clear on whether you have filed suit or not yet, but your message talks about requests from their attorney. Have you filed suit??? What court (Small Claims, County Civil, District)?? If there is no suit, you do not need to answer their lawyers requests.

2) Texas has a real good Consumer Protection law, called the DTPA (Deceptive Trade Practices Act). I would suggest that you read it, there is a lot of good information there. It is in the TX Business & Commerce Code, Chapter 17, Subchapter E, Section 17.41.
http://www.capitol.state.tx.us/statutes/bc/bc001700.html#bc013.17.41

3) Your issue of 'class action' is not really practical. You cannot handle in Small Claims, and you would need to get an attorney willing to take it. Depending on the limited assets of the brake shop (even if a chain), it is unlikely that they have a lot of seizable assets.

Hope that this helps....

 

[Chili]

shyster car shop...

Thank you for your timely response! I have filed in small claims court, scheduled for 5/4. Do I need to respond to his attorney's queries? This is a full service shop, in business many years (& many victims...) Do I need to subpoena the machinists who've told me that there's nothing wrong with this rotor? The reason the shop still had this rotor, is because it's the one he put on the brake machine to demonstrate to me how warped it was (barely), and I asked him point blank, in front of one of his mechanics, if it could be re-surfaced. He said 'no way'. The reason these crooks get away with this stuff is, most people probably feel like they're throwing good money after bad to persue it in small claims, & the shysters have attorneys willing to defend their reprehensible practices. Well, I have time, money, & principals...
I plan to have my old rotor miked, that's where they measure the thickness, and take a new rotor with factory-miked specs. I've learned more about my brake system than I ever wanted to know, and more than I should have to to protect myself from pyrana, like this... I will check out the site you suggested to see what other ammo I can gather from DFTP. Any other input would be appreciated.

 

[Chili]

shyster car shop...DTPC

There is no waiver provision on his invoice.

 

[JETX]

Though you need to read the DTPA for some examples of Deceptive Trade, you cannot get treble damages, etc. as provided in the Act due to your not complying with the notification required and allowing the merchant to resolve the problem.

As to what you will need; you will need whatever can be used to help you convince the court that the bill was excessive, included work not needed, and maybe not authorized prior to being completed (depends on the situation). If you need to subpoena witnesses to support your case, do so (contact the court clerk for procedures).

As to your response to them, yes, you are required to respond to their pre-trial discovery process. If you don't, you have a strong chance that you will damage your case. You can file appropriate objections to some of their discovery process, but you really need to know a little about what you are doing. I strongly suggest you go out right away and purchase a book (Barnes and Noble, etc) titled something like "How to Win in Small Claims court in Texas". It will help you prepare and handle your case.
Good luck... let us know how you do. Also, if you were to lose, you can notify the court within 10 days of judgment to file an appeal. Again, the court staff can tell you what is needed.

 

[Chili]

shyster car shop...some other thoughts

I have 2 lines of thought, concerning this. The first is, if I don't show up in court, the case will simply be dismissed, correct? I am over-whelmed with the legal mumbo-jumbo, and,I figure I can at least sting him with his own legal expenses. heh, heh, heh...
My 2nd thought is, I REALLY need some legal assistance, but understand perfectly why no attorney would want to fool with this, not worth their time. That being so, my husband was rear-ended at a red-light, this past Sat. The truck that hit him was doing 40-45 mph. His 1991 truck is probably going to be totaled. He is injured and sees a Dr. Friday. He's already been to the E.R. Do you think I can use my hubby's accident as a carrot & get some help from an ambulance-chaser, uh, I mean personal injury lawyer, with my case? I know my small-claim may seem petty, $531.00 is not going to break me,but the principle behind it is big. If one of us little guys kicks the crap out of one of these crooks, maybe it'll make a difference... What are your thoughts?

 

[JETX]

If you no-show at the scheduled trial date, the Plaintiff will get a default judgment against you... you lose. And he will be able to enforce the judgment against you. In Texas, judgments last 10 years and can be renewed until you (or he) dies. Also, since we are a community property state, he can seize (levy) any non-exempt property. So, you don't show, he wins the cost of his 'damages', his attorney fees (if any) AND 10% interest until paid. Really a pretty severe penalty while you try to play your games.

As for trying to link a PI attorney into representing you on this for a 'discount', I am not going to say it can't be done, but it would be unlikely for him/her to represent you.. they could offer some suggestions on your tactics. Get the book that I recommended, study up a little and go to court. You have virtually nothing to lose, and based on your original post, if you keep purely to the facts (and not on any prior belief's of their integrity), you probably have a pretty good case. Just keep it simple, direct, to the point, and tell the facts. Get the book!!

 

[Chili]

shyster car shop...4/11

Sir! My apologies if it appears that I am playing games. I would not waste your, nor the honorable judges's time, in such a manner. I did however, get a slight case of cold feet in the face of the legal documents that have presented to me... I spoke to an attorney this morning who made a phone call on my behalf, and suggested as you did, that I see it through. I have the tenacity to do so. The date is 5/4. I'll keep you posted on the outcome. Thank you for all of your helpful advice. I'm going to do my homework and kick his slimy butt!

 

[Chili]

shyster car shop, resolution

First of all, thank you for your help, Mr. Halket. Here's what's happened in this case. My case was re-scheduled twice. The first time was my request, the second, the defense's. The defense re-scheduled because they had not received my discovery. Today, in court I found out the judge had not authorized Discovery, but I had returned the documents, anyway.

I lost my case because the judge said I did not meet the burden of proof. My expert witness was unable to attend this second hearing, and he might have made an enormous difference.The judge would not allow telephone testimony, as some will.

I feel satisfied in spite of losing. The defense attorney is a decent young lady, one year in practice. Her client lied in court and she knows it. She and I were the last to leave the room & we talked some. The second thing that I find satisfying is that this crook has to keep an attorney on retainer and the judge didn't make me pay legal fees! His attorney costs were very likely more than the $261.92 that I was willing to settle for... ah, a victory for the little guy, none the less. I handled myself well, and I am pleased all in all. Thanks again.