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Stolen coin at oil change place

Started by Nutmeg Coin,

47 posts in this topic

coinman_23885

coinman_23885

Posted
Posted
I got a letter from the Small Claims Court today notifying me that the "Splash" car wash/oil change place had defaulted by not answering the filing. At this point the challenge is going to be collecting on the judgment.

 

Did you write them a check when you paid for their services? Did you pay by credit card?

 

If you paid by check, get a copy of the cleared check from your bank. You should be able to tell from the numbers and inscriptions on the reverse of the check who the defendant business banks with. If so, you can potentially target them with a garnishment. If you paid by credit card, you may be able to track the money from the credit card company to the bank account that received the funds and obtain this information by subpoena. In that case, you could also potentially target them with a garnishment. Businesses, unlike many private individuals, are unlikely to be judgment proof. Because of a constant inward flow of money that is not wage income, there is almost always something to go after.

 

Nothing in my post should be construed as legal advice. Consult with competent counsel in the appropriate jurisdiction.

 

P.S. There a certain guidelines that vary in each jurisdiction concerning how soon you can garnish after the entry of a judgment. Investigate the use your subpoena power while you have it (i.e. during in an active lawsuit before entry of the final order).

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WoodenJefferson

WoodenJefferson

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Credit card. So hopefully I can get the $250 estimated loss, plus the $90 filing fee and maybe even the oil change $$ refunded.

 

Apparently the company where the loss occurred didn't care or thought it as 'chump change' or were not aware of the consequences. Maybe their deductible on their insurance for theft was right at $250, who knows. Can't be a national chain or like several in one city, they don't treat their customers like that.

 

Good luck in collecting that judgement, not much they can do once the Judge signs off on it...good advice here from coinman.

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Nutmeg Coin

Nutmeg Coin

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I spoke with the centralized small claims court lady this morning and it looks like there will be a hearing on this in a couple weeks where the opposing party can still challenge this claim, so I will have to come fully prepared and will try to do a full background search on one or both workers which will help. There have got to be a hundred similar cases to review also to see what the elements of success are. Probably their business lawyers advised them to play it this way. I see their online replies to all their unhappy car wash customers shifted into high gear in terms of civility and offers of free services.

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coinman_23885

coinman_23885

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I spoke with the centralized small claims court lady this morning and it looks like there will be a hearing on this in a couple weeks where the opposing party can still challenge this claim, so I will have to come fully prepared and will try to do a full background search on one or both workers which will help. There have got to be a hundred similar cases to review also to see what the elements of success are. Probably their business lawyers advised them to play it this way. I see their online replies to all their unhappy car wash customers shifted into high gear in terms of civility and offers of free services.

 

Check the rules of court and make sure that you know the law. Clerks of court usually are not attorneys (at least not where I live).

 

 

In most (many) jurisdictions, failing to respond to the complaint or initial pleading is procedurally defaulting and the other side effectively admits to the allegations and waives the right to challenge evidence. At the hearing, you would still need to prove damages, but that shouldn't be overly difficult. Again, this isn't meant as legal advice, just some food for thought. Verify that the procedure in Connecticut is the same (most are very similar to what was described).

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WoodenJefferson

WoodenJefferson

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coinman...question. I know in small claims you can represent yourself and explain the situation to the judge (under oath of course) but doesn't who (company/individual) your prosecuting have to be represented by legal counsel and they have the right to cross examine you on the stand?

 

What's going to be important here I think, is when (time frame) as to when the coin in this case was found to be missing and was it in the vehicle at the time it was being serviced?

 

I'm certain they are going to bring up their disclaimer about leaving valuables in the car while being serviced, so be ready for that question as well.

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coinman_23885

coinman_23885

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coinman...question. I know in small claims you can represent yourself and explain the situation to the judge (under oath of course) but doesn't who (company/individual) your prosecuting have to be represented by legal counsel and they have the right to cross examine you on the stand?

 

The laws concerning unauthorized practice of law tend to vary among the states more so than many other legal topics. The OP would need to consult state specific resources to figure it out. In my state, at least, the company could not file formal responsive pleadings without hiring an attorney much less appear at a contested hearing/trial. If his state is similar, then the company might very well have concluded that it wasn't worth fighting as it stood to lose more in attorney's fees than the claim for damages.

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Nutmeg Coin

Nutmeg Coin

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That was in the original documents with all relevant paperwork with my testimony. I was on the phone with a coin dealer for over a half hour while they were doing the oil change and then some.

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coinman_23885

coinman_23885

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That was in the original documents with all relevant paperwork with my testimony. I was on the phone with a coin dealer for over a half hour while they were doing the oil change and then some.

 

The other poster is correct that you must still prove the amount of your damages with a default judgment.

 

Edit: Never mind; I see that I misread your post.

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WoodenJefferson

WoodenJefferson

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I won the case; the judge just wanted my version of events and so I got the default judgment with costs.

 

(thumbs u

 

That's GOOD NEWS!!

 

As should be...now, how to collect the judgement?

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