NEED ADVICE on how to handle terrible situation PLEASE

[Capt. Bob]

 You should get a sheriff to go with you to pick up your boat & sue them in small claims court.

Did I miss something?
Wes got the boat back some time ago, yes no

[seabob4]

Yes, Bob...

You didn't miss anything.  I'm the one with Old Timers...

[wessnapp]

Here goes nothing - heading into the Judges office right now for "court."

[Blue Agave]

Hopefully things work out for you.  Can't wait to hear the verdict.  Good Luck "BUDDY RO"!

[seabob4]

Well, we shall see how the crooks present "their side of the story"...

Keep us posted, Wes...  

[wessnapp]

Yesterday was certainly a learning experience.  

Advice:  NEVER GO TO COURT without an expert witness for each and every thing you claim.  No matter how insignificant you think it may be and how common knowledge it considered.  

My opening statement was fine but my initial point and summary was muddled by the judge constantly asking questions and not allowing a full train of thought to be presented.  There was a lot of questions regarding what a livewell is, does, functions, what the purpose of pumps and aeration were, etc....  However, my point did come across and i believe she got it.

The evidence and two witness I had were great.  

The defendant's claim was the Job Invoice presented at start of job was actually an estimate and not a contract.   Another claim was the livewell installation was only "Phase 1" and that the other items discussed and contracted were considered by him and his company as Phases 2, 3, & 4.  So there was no reason to do anything else until Phase 1 was complete.  

The defense also claimed that the increase in costs (12 additional hours and $300 additional in materials for just the livewell) were below the company's policy of notification to the consumer.   I used the Motor Vehicle Repair Act to claim that was fraudulent as it is required that if a repair or service is either $10 or 10% (which ever is greater) higher than the contract or estimate, the shop MUST contact the customer for approval.

When it was my turn to question the defendant I started out with the intention to ruin him.  I had about three pages of questions that all lead to my claim.  His frustration began to come out and his anger started to bubble to the surface by means of turning bright red and glaring.  Then he started to get confused and realized that he was validating everything I had stated.  His answers quickly turned to statements of "I dont understand" and "where are you going with this?"   I stopped questioning in after page one.

At the last minute I decided to NOT continue to question him as to what the price would be for certain items to be done.  What could have happened was my having him outline to the judge a true cost of what should have been done.  Thus showing the judge he is capable of providing a reasonable estimate and price AND that an accurate amount of what money should be due to me based on my claim.   My reason:  it's that pitty thing that I spoke of when I was in mediation.

(SIDE NOTE: Half of my evidence was considered hear-say because it was estimates and internet pricing - the judge hinted that I could use the defendant as an expert witness to validate my claim)

As angry and mad as I am about this entire thing, I like sleeping at night knowing that I am doing what is right and just.    As I have always stated from the begining - I am not trying to get more than I deserve.  I really only want back what is fair.  I agreed to pay for a livewell at a certain price - too high of a price, but agreed none the less.  All the other items that were not delivered, give me the balance back and we all will move on.

The defendant did ask me some questions that really didn't make any sense.  The one question he did ask, floored me.  "Mr. Snapp, what exactly do you expect to get out of this?"  Without missing a beat, I answered, "Mr. _____, the only thing I expect to get out of this is what is fair and just.  Nothing more and nothing less."  The judge looked at me with a smirk and nod.

After 1.5 hours, the judge took all evidence presented under advisement and will be issuing a ruling via mail.  I believe this was a smart and reasonable decision.  It gives both me and the defendant time to think about everything and receive the ruling in privacy.

I must admit I am delighted that this is over- regardless of the outcome.   It is now very apparent why most people just say screw it and let it go.  I am glad I did it, but could have used more preparation as to how the process really works and what to be prepared for.   

My final words are:  IT'S BEAUTIFUL OUTSIDE  -  I AM GOING BOATING.

[seabob4]

Wes,
Thank you very much for the update, as well as a pretty thorough description as to the events, and how they played out in a court of law.

It is terribly unfortunate that the judicial system, regardless of whether an issue is civil or criminal, petty or huge, almost REQUIRES an attorney who is very well versed with the "ropes", how the system works.  The courts are for the people, but to function within the system, they are designed for the attoneys...and that's wrong...

Enjoy the day!  But's it's windy as hell out there right now!

[Blue Agave]

Well the good news is that this experience is over and that you have gained knowledge. Good luck with the outcome.  

[RickK]

Maybe you can become a mentor for others abused?

[bondobill]

Wes
Wish you best of luck.
I have  been to small claims court 4 times over the years. 3 times as a claimant, 1 time as a defendant. Won in all 4 cases, only problem is I never received payment on the 3 cases where I was the claimant........ you don't really have a avenue of collecting the money......... and the case where I was the defendant  and won, I lost a half day of work for myself and my employee who worked on the vehicle, a visit with a lawyer to get some advise.......actually all that cost me was a sandwich, friend of mine referred me to this guy, when i called him to set up a appointment he told me to come over at 12 noon and bring him lunch and he would give me some advise, best dam 4 bucks I ever spent...got to love living in small town AMERICA......  and dinner and drinks for myself and my employee on the way home after we had won our case.  
Guess what I am trying to say is, if you win, about all you really get out of it is ....SATISFACTION..... :)  :)  :)
GOOD LUCK

Bill

[wessnapp]

I won the case.  The judge awarded me a very fair amount plus court costs.  

Thanks to everyone for support and encouragement. Special shout out to Jay Black for his unintended wit and humor.

[MarshMarlowe196]

Looks like you got your come-uppance  

Despite all the hassle, its good to hear a happy ending to a terrible situation.  I guess some companies think they can take advantage of their customers and expect them not to fight back as much as you have.  Maybe they'll think twice now

[Aswaff400]

Congratulations  dude

[pete]

way to stick with it!congrats!

[icemanbryan]

Well done!