Thursday, January 12, 2012

How does small claims court work?

I received an oil change and since then my car has had some engine issues. My mechanic has backtracked it to the place in where I had an oil change done. He has detailed pictures and I have receipts. How do I take this to small claims court? I was on vacation when I got the oil change done. Do I need to go back to that location to go to court? It was Valvoline Instant Oil Change who installed my oil filter incorrectly. What do I need to do?How does small claims court work?
You need to file in a court that has jurisdiction over them. However, before you do that you must contact them and give them a chance to remedy the situation. You only go to court if they are unwilling to resolve the issue.



The court that has jurisdiction over them would be located where they are located.



If you do go in to court you will need the written report from your mechanic and the pictures to show what they did wrong as well as receipts to show what you had to pay to resolve the issue.How does small claims court work?
The first thing you should do is bring it to Valvoline's attention. Show them to proof and give them the opportunity to resolve the issue. You should also write a letter to their corporate office and give the local place a copy of the letter. Inform them that you intend to seek recovery of damages but want to give them the opportunity to make it right first. This will carry more weight in court, if it goes that far. Small Claims court will typically require you to pay a $50 fee to have a pre-trial hearing scheduled, which you can add to the damages. Typical Small Claims courts have a max reward of $5,000, but can be as high as $10,000 in larger cities. It just depends on where you live. Valvoline Instant Oil Change is a national chain with a good repuration and good insurance. I would hope they would want to resolve the issue. If not, small claims court is a good option.How does small claims court work?
You can only file a claim in the town or city or jurisdiction where the defect occurred. You will pay a filing fee and fees to notify the defendant. Anyone can file a claim against anyone for anything. A court date will be set for each side to present their evidence. If either party fails to show for the hearing they lose by default except in special circumstances. If you win your claim you must then try to collect. This could take several months. The Sheriff can attach any assets or bank acocunts once a judgement has been entered if the defendant refuses to pay.
Yes you would have to file where the incident occurred.The first thing to do is contact the company and tell then what happened. Follow this up with a letter and attach copies of any documentation you have and see what they offer to do to correct the situation. Court should be your last resort.

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