What HE said. Suing you for libel is expensive and if you have reported FACT then it isn't libel. Having your "day in court" is your right and the only way to send a message to these people that it is NOT ok for them to engage in business practices.

Don't kowtow to their threats. Also, don't say anything that is not factual. Just do what is your recourse: Document, document, document all correspondence between you and them, print out all e-mails (including the header), photograph the car, get a 2008 calendar and document the dates the car was dropped off, retrieved, etc. Then get an estimate as to what it would cost to fix the car correctly (preferably at a dealer) and that is your small claims lawsuit amount. Keep it fair, keep it honest, and keep it DOCUMENTED.

Let 'em saber rattle... all the more evidence to take with you to show that they were not willing to work with you but rather to try and intimidate you with threats.

Good luck.

 

I stand by my decision to show them the thread. I would rather them have light of it than find it out from another source.

 

I have everything documented, and have not stretched the truth in any way in this thread. I have pictures of the car the day we bought it, when the paint started to fall off, and before and after their repaint. I would never stretch the truth in any way, shape, or form to somehow make these guys seem even worse. My emails have been professional, curteous, and mature in every form.

 

So.......file a small claims action!

 

Obviously he doesn't want to pursue it further for one reason or another. It's his decision and he sounds comfortable with it. The rest of us have all had oportunities to learn the differnt options available should it occur to someone we know.

 

I respect Dave's decision to not pursue this any further. But I do have some experience with small claims court, and it turned out well for us. Some time ago a contractor put vinyl siding on our house. Shortly thereafter, due to contraction or whatever, the siding started to move a bit, and gaps were visible between the pieces. The problem was that he didn't have enough overlap. So my wife took pictures of it. A few months later, we investigated small claims court and found it was easy to do and you didn't need a lawyer, so we gave it a shot. The contractor showed up, and said that a hurricane a couple months after the installation caused the siding to shift, and he couldn't be blamed for that. It's true that there was a hurricane, but it happened AFTER we had taken the pictures, so the timestamps on the pictures proved the damage wasn't caused by the hurricane. The judge ruled quickly in our favor, and we got the maximum amount by CT law at the time - $1500!

In Florida now, I believe the maximum award is $5000, so if it were me, I would consider going that route.

 

Whole thing is BS.

Your maximum recoverable damages in Florida Small Claims Court are $5K. If you have more than $5K in damages, you will not be able to recover more without a lawyer (or rather it is not wise to do so, as you will be in County Court from $5K to $14.99K and Circuit Court above $15K).

You should also look into the Florida Deceptive and Unfair Trade Practices Act. It is designed to address deceptive business practices and also includes penalty provisions in excess of the actual damages sought, including attorneys' fees at times, which may or may not be applicable.

Google it or check out Fla. Stat. section 501.201-213 and 501.975-976 at

http://www.flsenate.gov/Statutes/ind...ay_Index&Title

Good luck

 

Like wjones stated about his experience. It is very easy to go to small claims court. It is likely you will win in your favor with the facts you have given us. Take wjones story into consideration and go file the small claims papers right now and come back to the forums in about a couple of months and tell us about it.