[Laura005]

I am ready to sue a collison shop for unfinished work and parts he was paid for. He knows this and has since changed partners and the name of his company to prevent the judgement. Said he would file a bankruptcy if I do win. I live in Michigan, can he beat this by changing business name? PLEASE PLEASE ADVISE

[JudyKayTee]

Was he a corporation, a d/b/a, something else? It matters.

If he was an individual owner or a partnership, no, changing his name changes nothing. He's still liable. You sue him in his individual name AND his former business name.

I can't believe he's going to file in Bankruptcy over a Small Claims Court loss.

[Laura005]

He is the owner but keeps a lot of things in his partners name to hide from child support. His last partner quit, a new one came on. I pre paid for services and he never completed paint or ordered parts. Have sent demand letter, no response. Received a call yesterday basically threatening that I better stop this. At this point, I am fearful in even taking my car to his shop. Can the judge force me to allow him to make it right with repairs? These are some pretty shady guys; thus, can't put it past them to cause harm to vehicle. They steal cars for parts to make money through insurance, again,VERY shady! Thanks for your time, have never asked for advice...

[JudyKayTee]

No, the Judge cannot force you to return to his shop. I would, though, be careful about what you allege, whether you can prove it or not, because just on the first reading this sounds like you gave this guy money for parts, knowing that he may very well be stealing the parts. That is probably not the case (or you would just walk away from this) but be very careful not to implicate yourself in some type of criminal activity. The Court will NOT refund your money if any sort of criminal activity was involved.

Is it too much money to just walk away?

Sounds like the owner has some issues - and I wouldn't want to have to wonder what he's going to do next.

[Laura005]

I knew of nothing prior to recently. I also know he damaged my car prior to adjuster but not going for fraud due to he'll get his own kharma on his own( Yes, I'm a firm believer in kharma) I'm at a point in my life I can't walk away and do nothing. That's what he wants. Basically going to small claims to at least attempt to have some money for needed repairs. Paint is peeling, primer left inside a door and needs a new bumper. I was convinced I had to sign insurance checks prior to completion so I did. I have a 2010 Fusion that I'm keeping for a long time. Have pictures, copy of demand letter and have gone to BBB. Any advice would be very appreciated as I am going forward regardless, just want to be as prepared as possible. I have always had my father or husband take care of things, now at 43, I have a need to take care of this on my own. Thank again

[JudyKayTee]

You need to file for a monetary amount you can back up with paperwork, receipts, photographs, a second opinion (if you can get one).

I have always found the BBB to be totally useless but maybe that's just me.

I'd go to Court, sue him in his individual name, "company" name, new name, old name - cover all the bases.

[Laura005]

Judy, just another thank u for doing what you do

[JudyKayTee]

No problem - PLEASE come back and let me know how you do in Court.

Any questions before or after, let me know.

After my husband died a dealership took BIG advantage of me - to the tune of $7,000 on a 2 year old car. I paid it to get my car backed, sued them, went to DMV, went to the BBB - got myself together and won ALL of my money back. They were also warned - one more complaint related to inspection and their license is gone.

You go, girl!

[Laura005]

Oh judy, just thought id let you know how much your advice encouraged me! Not only did it make me more confident, it was enough for the shop to get nervous' didn't even have to file a motion, it got back to the owner and when we did finally speak, I was given $6,000! My car is now being repaired at another shop and I've never felt more empowered( especially since I was only going to small claims for $3,000) LOL- girl power I guess! Just thought I'd add another thank you because your advice did strengthen me to go forward and not back down. XOXO's to YOU!!

[AK lawyer]

oh judy, just thought id let you know how much your advice encouraged me! Not only did it make me more confident, it was enough for the shop to get nervous' didnt even have to file a motion, it got back to the owner and when we did finally speak, i was given $6,000! My car is now being repaired at another shop and I've never felt more empowered( especially since i was only going to small claims for $3,000) LOL- girl power i guess! Just thought I'd add another thank you because your advice did strengthen me to go forward and not back down. XOXO's to YOU!!!!

Way to go, to both of you!

[JudyKayTee]

Laura, you have MADE my day and possibly my week.

You have no idea how much this meant to me today.