Ask Experts Questions for FREE Help !
Ask
    Shelley Staffig's Avatar
    Shelley Staffig Posts: 9, Reputation: 1
    New Member
     
    #1

    Nov 27, 2014, 06:03 PM
    Small claims court law in Michigan
    I lost over a car repair because state agent I believe took plantive bribe cause he denied state laws had to be followed. Can I appeal if I get statement of truth from state. If not what can he take my only income is social security I close small savings account and house is in my sins name and all I have is a old 1996 ford. It only $417.00 but judge agreed he didn't fix my car but agent said no estimate had to be summited to me before he did work, he never told me he just did the work and my car died after 3 days I had to pay another mechanic to fix my car. I filed written complaint to his boss. What can I do to get this injustice reversed against me?? What can he legally do to me? I'm very upset he humiliated me and lied under oath
    ma0641's Avatar
    ma0641 Posts: 15,675, Reputation: 1012
    Uber Member
     
    #2

    Nov 27, 2014, 07:18 PM
    Your post is unclear but I will guess you didn't pay a repair bill and had a mechanics lien placed against you. However, you make a lot of unsupported allegations. "I believe took plaintive (sic) bribe", lied under oath". Did you tell them to fix your car? Did the same part fail 3 days later? How do you support YOUR allegations.
    Shelley Staffig's Avatar
    Shelley Staffig Posts: 9, Reputation: 1
    New Member
     
    #3

    Nov 27, 2014, 08:03 PM
    Small claims
    I never got an estimate, no parts back just a bill. Called state assigned an agent he told me law was violated. He went and talked to him and told me he would go to court but didn't know what he could say. I suopena him and asked him to testify to state law. Got into court he didn't walk up with me he stood by plantive under oath told judge he had work order, I said I never saw it or sign for it to be done. I tried to show judge copy of state law, agent said that doesn't mean anything. I told her I called Lansing, he said there just people who answer the phone. I said they told me the law, he said it's all hear say. The judge believed he didn't fix my car and she believed the agent. I had another mechanic fix my car and he told me it was the fuel pump going out. I showed him the bill he wrote me a letter saying what he did had nothing to do with the original problem. I contacted his boss in writing cause I'm asking for this Truth of Statement be sent to rhe judge to show he lied under oath. Can I get another hearing? Can judge dismiss case? How can I get this injustice resolved??
    Shelley Staffig's Avatar
    Shelley Staffig Posts: 9, Reputation: 1
    New Member
     
    #4

    Nov 27, 2014, 09:59 PM
    Small claim court
    Had a car issue, took my car to <removed>tire franchise of good year. Told <removed>the problem, said he check it out, waited and waited to see what problem was. He told me car was done and it was minor $432.00 not minor to me. I'm a woman what am I going to do, so I charged it, oh, he said he did a tune up but I never seen or got any parts back which I thought was strange but was glad car was fixed I thought. After 3 days it died. Got another mechanic out to look at it, Justin he said fuel pump was going, show him good year receipt and he told me he screwed you cause a tune up wasn't needed and wasn't the problem. He wrote me a letter. <removed> filed in small claims for payment. I find out from other men I know it's a state law you must get estimate and parts back. I called Lansing and assign a agent he calls and tells me the law was violated and he was driving out to talk to <removed>. A few days later he calls tell me he has a sign up you get parts back when you ask for them, that was just put up! He tells me I can suponea him to court but doesn't know what help he can be. I tell him I just need him to testify to state law. I go to court, case is called agent stand next to <removed>makn me look like fool to judge. <removed> says he had work order, I say I never saw it. Agent says it's not needed, I say I called Lansing, agent say those people don't know the law they are hired to answer the phone. I try to hand judge print out of laws, agent says its different for different cars and cars change all the time. What does that have to do with the legal law. This agent helped me lose my case and I honestly think he accepted a bribe cause his hehavior makes no sense. I contacted his boss in writing and asking for a statement of truth be sent to the judge. Will this help me? I don't have money to throw away, I'm drawing social security. How can I get this injustice reversed. I don't owe <removed>a dime. He violated the state law. The judge did say she believed he didn't fix my car cause of Justin's letter but the agent said no law was broke so I lost because of him. What can I do. I have 21 days and he can drag me back in court for not paying. I'm desperate
    Shelley Staffig's Avatar
    Shelley Staffig Posts: 9, Reputation: 1
    New Member
     
    #5

    Nov 27, 2014, 10:14 PM
    No I never told him to fix my car. I wanted to know what was wrong and how much it was going to be. I was in shock when he told me it was done. I didn't know about the state law at the time. After I told a few people they educated me on the law, that when I called the state. I swear this agent told me they violated the law and did 180 degree change in testimony and stood by the plaintive when I asked him to testify for me. He denied what I had in writing was the law. It makes no sense to me or others. I could just pay it and walk away and think of it as a lesson but its principal I want to know why he said what he said about the law and his fellow employees. Everyone says to me, he had to of taken a bribe of some kind. Is there anything else I left out to tell you that you might need to know to give me a answer. I don't have money to throw away. Oh, the judge did say she believed he didn't fix my car but he was a agent, she believed what the agent said I didn't need a estimate signed by me to fix the car, just a work order which is totally wrong. If he would of told the truth as it is written under state laws that govern repair shops to be licensed I would of won the case.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
    Expert
     
    #6

    Nov 27, 2014, 10:53 PM
    Where does Michigan State law say you need to get parts back? I've never had parts returned unless I've asked for them when I lived in Michigan.

    He went and talked to him and told me he would go to court but didn't know what he could say.
    We don't know who "he" and "him" are. It would help if you were more clear as to who is who.

    When you say "plaintive" I am guessing you mean plaintiff.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #7

    Nov 28, 2014, 03:37 AM
    First, if you ordered the work, you have the right to ask for an estimate. Next no, while some shops will show you old parts, most do not.

    You lost the case, what you needed to prove, not the state law, the state law, even if they violated it, would not get your money back, what would get your money back, was to prove they did not do the work.

    Even if the work was not needed ( by one mechanic) did they do the work, if they did, it may be a difference of opinion.

    You needed to prove by having the mechanic, (not some agent) appear in court and testify the work was not needed and they did not do it.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #8

    Nov 28, 2014, 06:00 AM
    First, I had to remove identifying info. But this case hinges on two things. First, did you approve the work. If so, they should have a work order with your signature or initials and produce that in court. Second, did they do the work with your authorization. Again they need an estimate with your signature to prove that. Get a subpoena for them to produce those records in court.

    Finally, this should not be an issue of whether any laws were broken.

    P.S. I merged your threads, please keep all responses to one thread.

    You seem to be focused on whether GY broke the law. And it looks like they were within the law if only just barely. You need to focus on whether you ordered and approved the work.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
     
    #9

    Nov 28, 2014, 06:40 AM
    Backtracking a bit: any car owner has to be smart about repair shops. As was said, you should not have signed anything and left your car. You make a short appointment to have it diagnosed only, and you wait in the shop, and ask to be shown what they see. Your recourse is to try to prove that you approved diagnosis only. And a judge can 'believe' you but that doesn't mean that he has to rule in your favor, because the burden is on you to prove your case. And 'tune up' is a vague term that might not have any parts replaced; just adjusting a few things.

    One good recourse is seeing if the shop is on Facebook or their own site, calling the BBB, and so on. Let the shop know that you are going to spend time getting the word out. You are going about this all wrong. And if you write reviews or comments online, please plan them out before hand, so that they don't ramble. Keep them short or people won't read them!
    BE AN INFORMED CAR OWNER.
    Shelley Staffig's Avatar
    Shelley Staffig Posts: 9, Reputation: 1
    New Member
     
    #10

    Nov 28, 2014, 10:13 AM
    Go to Michigan State Law on auto repairs. A business must follow state law to be licensed in the state. Customer must receive an estimate in writing if work is over $20.00 and must see parts or get old parts back. If parts are too big they just have to see them. Last of all final bill. They can post a visual sign saying you have to ask for your parts if you want them back. <removed>had appointment with agent then put a sign up cause I know there wasn't any sign there when I was there. <removed>also wrote on my receipt parts were returned, they were not. <removed>is plaintiff he is a franchise of Good Year. I did call corp office they have nothing to do with the way franchise runs his business. Going to follow up on written complaint to state today if there open, might have had a long weekend off due to holiday. Now have I written my problem more clearly now. I find it difficult to write everything because I'm very upset and angry at myself for not knowing state law from the beginning to prevent this from happening to me. Thank you for your advice
    Shelley Staffig's Avatar
    Shelley Staffig Posts: 9, Reputation: 1
    New Member
     
    #11

    Nov 28, 2014, 10:26 AM
    I have done all you suggested. I asked where was my signature in court, agent said it wasn't needed, he lied. I had copy, agent said doesn't mean a thing, each car is different, judge believed his lies. To prove perjury I've asked state to summit what's called statement of truth, shows laws and he lied. I just wanted to know if this is proved can case be dismissed? How or can I get decision changed? Small claims I'm finding out isn't like a regular court. Can't appeal but testimony and judgement was based on his lies

    Never saw or signed work order. Asked in court, agent said it wasn't needed. I had a woman judge and she believed agent cause she stated she didn't know much about car repairs either. My only signature is on bill cause I had to get my car
    Shelley Staffig's Avatar
    Shelley Staffig Posts: 9, Reputation: 1
    New Member
     
    #12

    Nov 28, 2014, 10:33 AM
    I summited a letter from mechanic who state the work plaintiff did wasn't needed, only fuel pump. Judge agreed he didn't fix the car. I lost cause state agent lied and said signature wasn't needed for work to be done. I proved he didn't fix my car. Judge assumed agent was telling the truth so I lost and she discounted the bill $82.00 + court fee. Not sure what I'm paying for I assume parts that were not needed? What do you think?
    Shelley Staffig's Avatar
    Shelley Staffig Posts: 9, Reputation: 1
    New Member
     
    #13

    Nov 28, 2014, 12:04 PM
    Quote Originally Posted by J_9 View Post
    Where does Michigan State law say you need to get parts back? I've never had parts returned unless I've asked for them when I lived in Michigan.

    We don't know who "he" and "him" are. It would help if you were more clear as to who is who.

    When you say "plaintive" I am guessing you mean plaintiff.
    He is the state agent
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #14

    Nov 28, 2014, 12:41 PM
    You are saying that an agent of the state Consumer protection agency that oversees car repair shops, appeared in court and lied? Can you prove he lied?

    Based on what you have said it appears that you were focused to closely on whether the shop broke the law and didn't provide enough proof that they did. Now you will have to prove the agent was not being truthful.
    Alty's Avatar
    Alty Posts: 28,317, Reputation: 5972
    Pets Expert
     
    #15

    Nov 28, 2014, 05:32 PM
    Going back to small claims means filing again. That means spending more money on a case you already lost. Not a good idea.

    You mention that you signed the bill to get your car back. If you signed the final bill, that means that you agreed to pay it.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #16

    Nov 29, 2014, 11:50 AM
    OP's posts on this thread are so incoherent that one can only guess what she is saying:

    state agent I believe took plantive bribe cause he denied state laws had to be followed.
    Even if the judge " didn't know much about car repairs", I am sure the judge knew that statement to be utter poppycock.

    Can I appeal if I get statement of truth from state. If not what can he take my only income is social security I close small savings account and house is in my sins name and all I have is a old 1996 ford.
    From the state? Or from the mechanic? I strongly doubt that the plaintiff will give you a "statement of truth" (i.e.: an affidavit) to the effect that what they said at the trial was false.

    Your Social Security cannot be garnished for this debt. And you could look into your state's exemption laws, but it is probable that the car is exempt from execution.

    but agent said no estimate had to be summited to me before he did work, he never told me he just did the work
    Again, you are very unclear here. I'm assuming "agent" is some representative of the shop which did the work and then sued you. Whether you have to receive a written estimate before the work can be done is a matter of law, not of fact. Thus "lying", or perjury are not involved; the judge would make her decision based upon the law on this point.

    I told her I called Lansing, he said there just people who answer the phone. I said they told me the law, he said it's all hear say.
    Again, hearsay of what somebody in the state government told you as to what the law is would not amount to a hill of beans. The judge is perfectly capable of determining for herself what the law is and whether it applies here.
    My only signature is on bill cause I had to get my car
    What does it say that you signed? Does the paper you signed indicate that you agreed to the work being done? Does it indicate that you agreed that the work was done correctly?

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

In Michigan small claims court can you sue for emothonial pain and suffering [ 2 Answers ]

In the state of Michigan, can you sue someone for pain and suffering for taking the cremation ashes of their mother from their stepfathers home with his knowledge?

How to draft a motion for small claims court Michigan? [ 2 Answers ]

I want to collect filing fees and process serving costs and mileage costs

Friend claims I owe him money and is taking it to small claims court [ 2 Answers ]

I was on holiday with a friend who booked and paid for a trip. When we got home he asked me for the money for this trip. He never told me how much it cost or that he would want me to contribute until afterwards. I have told him that he should have asked first and I wouldn't have gone as I cannot...

Do I sue Sears with lawyer, or small claims for 3k in Michigan, for inaction? [ 8 Answers ]

Wife and I were getting bids on a Heat Pump-Like an air conditioner in reverse that heats your house in temps over 30 degrees. In Michigan it goes on a separate meter that costs 4 cents vs. 11 cents per K hour. Propane gas at 500 a month was killing us. 1st guy to come out was Sears. Gave us a...

Do I sue Sears with lawyer, or small claims for 3k in Michigan, for inaction? [ 1 Answers ]

Wife and I were getting bids on a Heat Pump-Like an air conditioner in reverse that heats your house in temps over 30 degrees. In Michigan it goes on a separate meter that costs 4 cents vs. 11 cents per K hour. Propane gas at 500 a month was killing us. 1st guy to come out was Sears. Gave us a...


View more questions Search