Court date against the dealer that fvcked up my car while getting the tranny replaced is finally here. The dealer and I were supposed to "swap" evidance by today and the dealer has done nothing. I have 3 witnesses and plenty of documentation.

WISH ME LUCK

Kegrun

 

Screw the BASTARDS.. if you get couple extra TL's, SEND ONE MY WAY...

If you get another TL and free stuff, tell the dealer u want the 2003 TL-S for right now and soon as 2004 TL comes out that the Dealer should replace your 2003 for the 2004... And be sure to Totally fcuk up the 2003 One and put coffee all over..

I guess im getting a little harsh.. but all this tranny stuff :yack:

 

Good Luck to You. I hope you win, and show them they can't treat their customers that way.

You said the "porter" did a walkaround when you dropped the car off. What did he say when you pointed out the new obvious damage that he missed in his walkaround? I know you said they said it was already there, but was it the same guy who did the walk around who said it?

I really hate people who can look at you straigt in the eyes and lie, just like the GM at Hubler Acura of Indy did to me. I haven't been back there since they day I bought the car, so I drove almost 15 miles out of the way today in 2nd gear to another dealer to get a new transmission. That's how much I HATE Hubler.
.

 

Good luck man! I really hope you win.

 

same here GOOD Luck and keep us posted

 

Good luck and give them hell!

 

what is it with Acura, and crapo dealers?

Geeze, I got better service for the Caravan at the local Chrysler place...

 

Good luck, let us know how it goes! Do you have a lawyer for all this? Is it costing you much?

All the best...

 

No lawyer just in small claim courts. Ummm...I think it was like 70 bucks for the hearing, mediation, and trial. About 20 bucks for the subpena for each person and pictures and copies of documents I have.

 

Good luck I hope you win.....

Mr
03 ABP TL-S
New Jersey

 

GOOD LUCK!!!!

 

so what happened in court?

 

What happened? I'm new to this forum. I would like to hear details, if you have time to tell it.

Thanks.

 

Its the 21st Now, Since its after Midnight.. Anyways What Happend THURSDAY?

 

i haven't read ur post before, so what did the dealer do to your car?? and how did the case go?? did u win?? sure hope u did

 

For all you people that do not know or forgot what happened to Kegrun's car, here is the link to the thread...http://www.acura-tl.com/forum/showth...threadid=42161

 

i was stating, wut happened in COURT. as his post dated on Decmeber 9 said his court date is dec 19th.

but thank you for telling us the background info!!!!!!!!!!!!

 

He wasnt just referring to you...
Other people wanted to know info about what happpend to his car...

Also I did not know either.. So Why are you YELLING?

 

wasn't yelling, just typing hehhehe... sorry.

 

its k

 

bump....


what happened at court?

 

BUMP BUMP BUMP ^^^^....

WHAT HAPPEND? I guess they arrested him for going against a Acura Dealership LOL .. I thought they had computers in PRISON LOL

 

I think he's on vacation...

Or maybe he lost, and doesn't want to admit it? Please prove me wrong.

 

he probably won and got a M5 in return... muuhahahhahaha:p

 

Hmmmm...not sure about FL law, but in CA terms, he might have gotten lucky and won a default ruling. Shoot, if he got a default, he should've asked for a new M5!!!

 

OK, I can't edit my post, oh well.

On the other hand, he might have filled out the Summons and Complant wrong and got a demur, at which point he'd have to pay for the bodyshop's legal fees. I see this happen more often than not. If the S&C is improperly scheduled, the defendant can request payment of legal fees fromt he plaintiff for "wasting his time", so to speak. This might also account for the fact that the bodyshop didn't swap evidence, maybe they were playing with him.

 

Or lost and disappeared.

 

Well what can I say.....the legal system sucks. The judge said that I did prove my case but in order for me to win I had to tip the scales in my favor and I did not. I had all my evidance in order the dealer had none!!!

Thanks for all your intrest. Oh well looks like Ill have to dish out the $1500 bucks.

 

Well, what did you have? Photos of the damage after the fact are circumstantial evidence. Did you have photos of the veh both before and after the incident? Did they clearly show the damage? And in regards to witnesses, they need to be totally independent, i.e. no friends, family, etc. Actually, I don't even know if witnesses are allowed in FL small claims.

Basically, the judge is right, you need to prove your case beyond any reasonable doubt. That's your job as the plaintiff. If there's any room for doubt, even a little, then you lose.

 

That is an incorrect statement of the law. The burden of proof in civil cases is a preponderance of the evidence; not a reasonable doubt (criminal cases). All you have to have is more evidence that makes your scenerio more likely than the opposition's in a civil case. Sounds like the judge didn't believe the owner of the TL-S.

 

Probably shouldn't have used that term, but it depends on the judge you get. Some judges will simply weigh the evidence, some may go deeper and press the plaintiff into providing irrefutable proof. It sounded like the latter was the case in this scenario. Kegrun had photos of the vehicle as well as statements from witnesses, while the shop had nothing. To me, it doesn't sound like the judge was basing this on the weight of evidence.

 

This a good example of a conservative right-wing judge favoring business and screwing the consumer. Judge's political leanings do make a difference even in small claims court. just think what right- wingers would do on the higher courts like the supreme court

 

Agreed. Is there an appeal from small claims?

 

Beyond Reasonable Doubt -- criminal cases. That's the Prosecutor's responsibility, representing the State.

In civil cases, such as Kegrun's case, it is all about Preponderance of Evidence.

I'm REALLY skeptical about the judge. You had photos, and all kinds of evidence, and yet the dealer had none (according to what you said). You should have won for sure.

If possible, take it to the Appeals Court.

 

Hence the retraction of my initial statement. But like you and louisn said, it depends on the judge. Some will simply weigh the evidence, others will force the plaintiff to provide irrefutable proof.

As for appeals, I'm not sure about other states, but you can appeal them in CA.