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    STAFF SERGEANT's Avatar
    STAFF SERGEANT Posts: 1, Reputation: 1
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    #1

    Apr 13, 2007, 11:26 AM
    Taken for a ride by a car repair shop owner
    How do I convince a judge that a key which is currently in the possession of an auto repair shop owner is not mine. My car was stole from a repair shop. The law says I have to prove the owner was negligent or had knowledge that my car was going to be stolen. The repair shop owner's insurance company would not honor my claim. They said It's not like he left my car doors unlock or the key in the ignition.

    All I know is the key he's claiming is mine is not. I feel like the he had something to do with the disappearance of my car, because he doesn't have my key. I have been searching the web for a picture of a 1988 BMW 735i, with no luck. My key was an electronic/magnetic key, I'm not sure of the proper term. I miss placed my only key a couple of years ago, and had a locksmith come to my home. The locksmith was unable to make the key because it was a electronic/magnetic key. He told me I would have to get the car towed to a BMW dealer and it would cost about $240. I found my key a few days later.

    Getting back to the case, from the moment I open my mouth, the judge was hostile and speaking to me in a threating manner. But, smiled and joked with the defendant and his witness. I don't want to think it because I'm a women and did not have an attorney.
    Not that I didn't try to find a lawyer, I could not find one who handle a case like mine.

    By the end of the trail, the Judge said he would review the information and send us his answer in the mail. He look at me and said I could appeal. Then, almost as an after thought, he look at the shop owner and his attorney and said you may appeal, as well. It was at that moment I felted like he had already decided the case. By the way the shop owner is counter suing me.

    Where is the Justice? I hope someone can help me, i.e... Pictures or another course of action. I already know an appeal is in my future.

    Station in Savannah and feeling helpless.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Apr 13, 2007, 11:36 AM
    You should have gotten a repair shop manager to testify in court that the key they presented was not form a 1988 BMW. In fact, you have the right to hire and call an expert witness, you can have a key made from the serial number of your car by the shop, and show in court that the markings don't match.

    Also don't you have a second key to your car? You would have shown that the key is not the same key. You said you had one made, then found your original key, so that should make two.



    If this was not small claims court, you needed an attorney, there was most likely a lot of evidence presented that should have been thrown out.
    In small claims it works different where you each merely gives their story.

    You have a PI go by his shop and take photos showing doors unlocked and maybe keys in the car ?

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