state to state small claims, who goes where?

[artmaker]

This should be an easy question but even the court clerks don't seem to know for sure. Here goes. Please don't guess! If you know post.

I live in Michigan. I ordered a car part from a company in TX. I'll leave out the boring details here but I am SURE I have a case! I WILL file. But, who has to go where to court?
The court clerk I spoke to thinks the company owner is served and would have to appear here in Michiagn.
Is this the case?
And wouldn't I win automatically if he doesn't show? (yea, then try and enforce the ruling!)

While I'm at it, the person I've been dealing with (or trying to) is the manager. She will NOT give me the company owners name. (I already have it. TX sec of state gives that out for any corportation.)
But I never delt with him. Only his idiot moron "manager." Do I still have to put his name on the small claims forms? Or the person jerking me around? Or both???
Thanks in advance.

 

[JETX]

Here is the way it 'works'...
You can file a lawsuit in YOUR home court. Be sure that you serve on the PROPER party (if an individual or proprietorship, serve the person; if a corporation, serve on their agent).
You will have to make service on the individual in Texas per Texas rules. Simply, contact the constable or sheriff where the defendant lives/works..... pay them the fee (ask them) and they will serve on the defendant. The notice of service will be returned to the court.
After the defendant has been served, he has a set amount of time (set by YOUR state laws) to file an answer to the complaint. His answer could be a "motion to dismiss" due to venue (wrong location) or it could be to deny your claims, or it could be to admit your claim (unlikely) or he could just not file an answer at all.

1) Files motion to challenge venue. Your local court would set a hearing for YOU to explain why the local court has jurisdiction on the matter. If they agree with you... the case goes on. If the court doesn't agree... it will likely dismiss your case and you will have to file in Texas.
2) Deny your claims. Your court sets hearing and case moves forward.
3) Admit your claim. File a motion for sum**** judgment.
4) No answer. Your case proceeds in your court with a default judgment against the named defendant. It is likely that the court will still want to hear your claim.... and proof of damages.

 

[seniorjudge]

...While I'm at it, the person I've been dealing with (or trying to) is the manager. She will NOT give me the company owners name. (I already have it. TX sec of state gives that out for any corportation.) But I never delt with him. Only his idiot moron "manager." Do I still have to put his name on the small claims forms? Or the person jerking me around? Or both???....

As JETX said, on their registered agent; that serves the corporation (if it is indeed a corporation you are dealing with and, from your post, it sounds as if it is a corporation).

Don't look for them to show up; if you do get a judgment, it will have to be worth a whole lot of money (to you) before you try to enforce it in Texas.

 

[JETX]

Yep. Texas is a particularly 'interesting' state to try to enforce civil judgments.... in fact, the state was FOUNDED on the principal of avoiding debts!!
In the early 1800's, Texas needed citizens to counter the growing Mexican population.... and decided that having strong 'debtor friendly' laws was one way to entice individuals from the other states to relocate to become Texians. That is how/why most of the Texas founding fathers (Travis, Bowie, Houston, etc.) came to Texas... to avoid their creditors in their home state(s).... and why the Texas state constitution is 'debtor-friendly'.

 

[artmaker]

OH this is great! Thanks for the info. I can see doing business with any company in TX may be a mistake. But for the cost of filing fees and serving fees, it IS worth it to me to try.
Few more questions.

1. The possibility my court wounld't have jurisdiction,
2. What about enforcing this? Gees, if ordered in a court, I would think they would have to comply. Especially an out of state court. Either that or they can't do business out of state. So help me, something needs to be done here!

[Your local court would set a hearing for YOU to explain why the local court has jurisdiction on the matter.]

I suppose I shoud post some details here then.
The company in question is called ASAP Motors inc. Houston TX.
I ordered a 1991 transmission and was told repeatedly it had been "tested."
The part came in under a week. As soon as my mechanic installed it, he called and told me it did not work. Long story short, it seems there are internal sensors that don't function, and/or totally shot clutch plates inside.
Later on, when I asked exactly what was tested, and got a list of "inspections" (nothing is actually tested, just looked at.) First thing I told my mechanic was "they pull the pan" and he interupted and told me "no one pulled this off." He wrote up a list of reasons he believs this part was never inspected at all and is willing to show up in court. The part is crap. No one inspected, or "tested" it ever. And now, I have been fighting with them for over a month to pick up this part and do something. Their warranty states they will replace the part. They won't even do that! They have lied about pick up dates, (I can prove one instance when I was told they called a particular shipper who never showed. When I called that shipper they 1. never got a call and 2. don't even service Michigan.) They outright lied. And have been for a month.
Now I don't want a "replacement." They finally did get the part picked up and for two weeks won't even answer my emails now.

My credit card company has all the paperwork and will most likely reverse charges for this part. However, I will still be out of pocket for the shipping, mechanics labor, seal, fluid etc, AND because they dicked around so long, he's added on storage fees to boot! Nearly $500.00 to the mechanic, and another $100.00 shipping. That's a LOT of money to me! The stupid part was $455.00. So yes, this is worth a shot to get back.

I'm sure I can show to a judge that this part is garbage. And how they lied about retrieving it over and over. The horrible report I found from the better business bureau shows this sort of stalling tactic is common. I plan to wait for my credit card company to reverse charges before filing in small claims. I think adding their decision that I was ripped off will help.

But now... assuming it is heard in court here in Michigan, and ruled in my favor, what would I have to do to enforce this? TX has no rules for this? Great state to be a thief then isn't it?

 

[seniorjudge]

OH this is great! Thanks for the info. I can see doing business with any company in TX may be a mistake. But for the cost of filing fees and serving fees, it IS worth it to me to try.
Few more questions.

1. The possibility my court wounld't have jurisdiction,
2. What about enforcing this? Gees, if ordered in a court, I would think they would have to comply. Especially an out of state court. Either that or they can't do business out of state. So help me, something needs to be done here!

[Your local court would set a hearing for YOU to explain why the local court has jurisdiction on the matter.]

I suppose I shoud post some details here then.
The company in question is called ASAP Motors inc. Houston TX.
I ordered a 1991 transmission and was told repeatedly it had been "tested."
The part came in under a week. As soon as my mechanic installed it, he called and told me it did not work. Long story short, it seems there are internal sensors that don't function, and/or totally shot clutch plates inside.
Later on, when I asked exactly what was tested, and got a list of "inspections" (nothing is actually tested, just looked at.) First thing I told my mechanic was "they pull the pan" and he interupted and told me "no one pulled this off." He wrote up a list of reasons he believs this part was never inspected at all and is willing to show up in court. The part is crap. No one inspected, or "tested" it ever. And now, I have been fighting with them for over a month to pick up this part and do something. Their warranty states they will replace the part. They won't even do that! They have lied about pick up dates, (I can prove one instance when I was told they called a particular shipper who never showed. When I called that shipper they 1. never got a call and 2. don't even service Michigan.) They outright lied. And have been for a month.
Now I don't want a "replacement." They finally did get the part picked up and for two weeks won't even answer my emails now.

My credit card company has all the paperwork and will most likely reverse charges for this part. However, I will still be out of pocket for the shipping, mechanics labor, seal, fluid etc, AND because they dicked around so long, he's added on storage fees to boot! Nearly $500.00 to the mechanic, and another $100.00 shipping. That's a LOT of money to me! The stupid part was $455.00. So yes, this is worth a shot to get back.

I'm sure I can show to a judge that this part is garbage. And how they lied about retrieving it over and over. The horrible report I found from the better business bureau shows this sort of stalling tactic is common. I plan to wait for my credit card company to reverse charges before filing in small claims. I think adding their decision that I was ripped off will help.

But now... assuming it is heard in court here in Michigan, and ruled in my favor, what would I have to do to enforce this? TX has no rules for this? Great state to be a thief then isn't it?

Answer this: Exactly what did you have in writing guaranteeing this thing?

(By the way, it will cost you a couple of thousand dollars to go to Texas to try to enforce the judgment ... if you got one.)

 

[stephenk]

Does this company have any stores in Michigan or are their dealings strictly internet? Since they do business in Michigan, you have a good argument that Michigan has jurisdiction over them.

 

[artmaker]

Nope, no stores in Michigan. I did an extencive search for this old part on line. I have many replies. This company had one with only 53,000 miles on it. (Or so they claim.) And "tested." It was NOT! (And probably has way more miles on it too. Amazingly when I asked if they even have another 1991 mazda transmission to replace this with, and if so how many miles on it, they happen to have another one with the EXACT same milage. What are the odds of that???)

Their warranty states replacement only and no labor. However, now they have jerked me around for over a month. Replacement WHEN? Next year? When they feel like it? They kept telling me it would be picked up today, tomorrow... today..... I finally called the shipping company and they tell me NO one ever called them!
Only after I caught them in a lie, and started talking court, they FINALLY got the part picked up on Dec 20!
I have no replacement, no refund, no nothing. I'm out labor, storage, shipping for a part that never should have left the shop not to mention being without a car for over a month now. I found another part but cannot pay for it until after my credit card company deals with this. Which they say may take two months!

I just got through emailing their manager AGAIN. This lady is something else! I have asked her via email now, over and over for the company presidents name. When I finally could prove she will NOT give it to me, I gave it to HER! Told her the Sec of state gives that information out for any corporation. Now she is claiming this is only a "shareholder." And I have to sue the "company." Not a shareholder. What a moron!
She keeps telling me I have to call their accounting department. Forget it! I've had it with them. I dont' care if I have to take a vacation to TX just for this.
COURT BABY!
Still, I'd rather go to court here. Any chance of that?
Thanks. (sorry for the bit of a vent here.)

 

[JETX]

Okay, lets cut to the bottom line.....
Sue the company, using the courts in YOUR state.

Style as follows:
ASAP Motors and Parts Systems, Inc.
Brian McCutheon, registered agent

Service address:
6432 Cunningham Road
Houston, TX 77041

If they respond as to venue, you can simply try to show the court that it has jurisdiction in the matter. If you do get a judgment, it should be pretty easy to enforce as the defendant is a corporation with assets..... entirely different than trying to go after an individual.

After you get your judgment, PM me.... I happen to know someone that can enforce it... and only a mile or so from them.

Also of interest (and something you should have done BEFORE sending them money!):
http://www.badbusinessbureau.com/reports/ripoff168355.htm
http://www.data.bbb.org/scripts/cgiip.exe/WService=houston/houston/showrpt.html?language=english&bis=n&zid=7000641

 

[artmaker]

I needed some encouraging message here. Thanks JETX. I WILL sue!

I see some questions from senior judge here.
[Your local court would set a hearing for YOU to explain why the local court has jurisdiction on the matter.]

OK, why would they have jurisdiction? Because I had the part sent here? My mechanic is here (and is willing to appear and testify that this part was never inspected let alone tested.) Does this give local courts juristiction?

Also you asked about the written guarantee.
Part replacement only 90 days. No refunds after 20 days. There is a bit in there about waiving any legal action in favor of arbitration. And also a part (red flags SHOULD have gone up with this one) About how I cannot reverse charges with my credit card company. My credit card company got the full story and I think they will in fact refund my money for the part.

As for their warranty, what about "implied warranty of merchantability."
This part was suppose to be a working part before it was shipped. If it broke a mile down the road I wouldn't be posting here. But it never worked.
Further, how long should I wait for a replacement or refund? How many calls, emails, letters etc. There is nothing in the warranty stating how fast they will act. If ever!

One last thing, I got the report from the TX atturney generals office today. In the past 24 months, this company has had FIFTY ONE complaints filed!!!!

Boy, live and learn. CHECK out companies first! The BBB has a long list of complaints. Mostly complaints being ignored.

So... I will let you all know how this plays out. And JETX, thanks! I will be sure to keep you posted.

 

[seniorjudge]

Q: OK, why would they have jurisdiction? Because I had the part sent here? My mechanic is here (and is willing to appear and testify that this part was never inspected let alone tested.) Does this give local courts juristiction?

A: It could. Good luck and keep us posted.

 

[artmaker]

Thanks, I sure will.

And JETX, that repoffreport.com site is a hoot!
I added my own complaint to the long list.
http://www.ripoffreport.com/reports/ripoff169464.htm

To be continued...

 

[seniorjudge]

Thanks, I sure will.

And JETX, that repoffreport.com site is a hoot!
I added my own complaint to the long list.
http://www.ripoffreport.com/reports/ripoff169464.htm

To be continued...

What happens if/when you get to Texas and the bad guys are gone and/or have no assets?

 

[artmaker]

Jumping ahead here. I'll get to that hurtle.....

Seems they have been at this for years now. I would bet they manage to sell enough junk yard garbage that actually works and no one complains to stay in business. If my transmission would have worked, I would never have known it was not "tested" or that it has probably way more miles on it than the 53,000 I was told.

But enough junk draws complaints that this company is plastered all over the BBB and that rip off site JETX posted, and the TX atturney generals office that this needs to stop!

So what would I do if they go under? JUMP FOR JOY! And NEVER do business with anyone without checking up on them first! (live and learn.)

I have one last legal question and will probably find out on the phone, but what the heck. This could be faster.

I am pretty sure my credit card company will reverse the 455.00 I spent on the part. Probably not the shipping. But this may take at least another month! Would you all suggest I go ahead and file small claims now, include that amount, and IF I get it in court I could then notify my credit card company that I won a judgement, pay it, (I am sure they will wave the interest.)

Or should I proceed with small claims and not charge for the cost of the part. Just for other out of pocket expence. That's assuming I DO get it reversed.

Or just wait for the credit card company first? Any time limit on filing?

 

[seniorjudge]

Jumping ahead here. I'll get to that hurtle.....

Seems they have been at this for years now. I would bet they manage to sell enough junk yard garbage that actually works and no one complains to stay in business. If my transmission would have worked, I would never have known it was not "tested" or that it has probably way more miles on it than the 53,000 I was told.

But enough junk draws complaints that this company is plastered all over the BBB and that rip off site JETX posted, and the TX atturney generals office that this needs to stop!

So what would I do if they go under? JUMP FOR JOY! And NEVER do business with anyone without checking up on them first! (live and learn.)

I have one last legal question and will probably find out on the phone, but what the heck. This could be faster.

I am pretty sure my credit card company will reverse the 455.00 I spent on the part. Probably not the shipping. But this may take at least another month! Would you all suggest I go ahead and file small claims now, include that amount, and IF I get it in court I could then notify my credit card company that I won a judgement, pay it, (I am sure they will wave the interest.)

Or should I proceed with small claims and not charge for the cost of the part. Just for other out of pocket expence. That's assuming I DO get it reversed.

Or just wait for the credit card company first? Any time limit on filing?

Do whatever you can to get you the most money the quickest.

And while you are waiting, read Don Quixote.