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Evie3

Sued & Lost for Car Repairs

7 posts in this topic

We took a 1994 Toyota Camry into get repaired it was slipping from the 2 gear to the 3rd gear. They said they could fix the car so we left it. The dealership did not offer a rental,  they had our car for a month and a half.! also they did not give estimate or fix it,  it was the same as when we brought it into them. They put a couple parts on but didn;t need them. The dealership charged us a total of 1349.00 for pretty much nothing. We sued and lost!!!  What to do now???  Thank You, Can we sue them again? Our first time sueing anyone; I think we flopped , We needed the speed sensor repaired

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If you sued and lost, your only remedy is to appeal, if you have reason to believe the judge made an incorrect interpretation or applivation of the law.  If you just didn't properly prove your case, it is all over. People who sue without an attorney will often lose if the other side has an attorney. 

 

I'll bet you didn't have an expert mechanic testify on your behalf that the repairs were not done properly.  If you are not an expert mechanic mechanic, your lay opinion doesn't count for anything.  I hope the speed sensormfixed your car.

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1 hour ago, RetiredinVA said:

your only remedy is to appeal

 

If this was in small claims court a Plaintiff cannot appeal the decision:

 

55.110 Conclusiveness of judgment; appeal; costs and fees on appeal. The judgment of the court shall be conclusive upon the plaintiff in respect to the claim filed by the plaintiff and upon the defendant in respect to a counterclaim asserted by the defendant. The defendant may appeal if dissatisfied in respect to the claim filed by the plaintiff. The plaintiff may appeal if dissatisfied in respect to a counterclaim asserted by the defendant. A party entitled to appeal may, within 10 days after the entry of the judgment against the party, appeal to the circuit court for the county in which the justice court is located. If final judgment is rendered against the party appealing in the appellate court, that party shall pay, in addition to the judgment, an attorney’s fee to the other party in the sum of $10. Appeals from the small claims department shall only be allowed in cases in which appeals would be allowed if the action were instituted and the judgment rendered in the justice courts, as is provided by law.

 

https://www.oregonlegislature.gov/bills_laws/ors/ors055.html

 

 

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17 hours ago, Evie3 said:

We sued and lost!!!  What to do now?

 

Move on with your life (unless there's still time to appeal, in which case you can do that, except as noted in the prior response).

 

 

17 hours ago, Evie3 said:

Can we sue them again?

 

You certainly can do that, but do you really think the law is set up so that people can just sue each other over and over and over hoping for a different outcome?  If you sue for the same thing a second time, your lawsuit will get dismissed pretty quickly, and you'll be subject to being sanctioned for filing a frivolous lawsuit.

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On 8/7/2018 at 6:27 PM, RetiredinVA said:

If you sued and lost, your only remedy is to appeal, if you have reason to believe the judge made an incorrect interpretation or applivation of the law.  If you just didn't properly prove your case, it is all over. People who sue without an attorney will often lose if the other side has an attorney. 

 

I'll bet you didn't have an expert mechanic testify on your behalf that the repairs were not done properly.  If you are not an expert mechanic mechanic, your lay opinion doesn't count for anything.  I hope the speed sensormfixed your car.

Thank You very much for the good info. A friend of ours fixed it; it only took him 5 mins. whereas the shop took a month and a half , they didn't fix it and charged us with 800.00 labor charge. I'm leery about going to court again, but we would have a mechanic there as a witness .  Any way Thank You

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On 8/7/2018 at 7:33 PM, adjusterjack said:

 

If this was in small claims court a Plaintiff cannot appeal the decision:

 

55.110 Conclusiveness of judgment; appeal; costs and fees on appeal. The judgment of the court shall be conclusive upon the plaintiff in respect to the claim filed by the plaintiff and upon the defendant in respect to a counterclaim asserted by the defendant. The defendant may appeal if dissatisfied in respect to the claim filed by the plaintiff. The plaintiff may appeal if dissatisfied in respect to a counterclaim asserted by the defendant. A party entitled to appeal may, within 10 days after the entry of the judgment against the party, appeal to the circuit court for the county in which the justice court is located. If final judgment is rendered against the party appealing in the appellate court, that party shall pay, in addition to the judgment, an attorney’s fee to the other party in the sum of $10. Appeals from the small claims department shall only be allowed in cases in which appeals would be allowed if the action were instituted and the judgment rendered in the justice courts, as is provided by law.

 

https://www.oregonlegislature.gov/bills_laws/ors/ors055.html

 

 

Thank You yes it was Oregon Small Claims Court we were the Plaintiffs

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