fannie 1. glad you are happy with the respray, 2. sorry serving the papers went as bad as it did, but having gone to small claims court more time than I would wish, he is my 2cents 1. it not going to be nice, period 2. stick to the facts - he quoted you on doing this___ he delivered that___. hope you have paperwork 3. do not emotional. do not get into a he said she said type of argument. you will loose 4. look up small claims court cases on line to get a feel of what you need to do to win. 5. don't get into the time and trouble it took to rectify the problem, none of that is legal and the courts would listen to it. 6. The guy you are suing is not going to be happy, let him get emotional - it puts him in a bad light with the court. 7. only seek the amount to fix his mistakes and repaint, he did do a fair amount of body work, poor as it may turn out - he still did it and acknowledge that to the court - you look better 8.. don't get emotional
The original body and paint man did what the average guy would do. He most likely thinks he did you a favor and did a good job. Getting the colors so far off makes me wonder how often he does paint and body work inside a tightly sealed garage with no respirator. But his age, eyesite, and "experience" ain't what it used to be. Good luck and stay calm. It's only a beat up old truck. Whatever you get will help, you and the old guy both have learned. Concentrait on finding a hobby shop to make your retirement fortune and enjoy what's left of summer.
So hubby had to take the affidavit to the court in Halifax. Once he got there he explained about what had happen when he tried to serve the form. She took the affidavit to the Adjudicator and explained what happened and they were good with it. In their opinion he had been served and it wasn't our fault that he throw it back. Phew... we weren't looking forward to having to hire a sheriff to serve the papers. However, even though we didn't have to reserve him, hubby and I really were feeling uncomfortable that he had no idea when the court date was and if he didn't show up for that he would be found at fault. But in an interesting turn of events his wife called hubby this afternoon and came by this evening to pick up the papers. So glad. I told her that we had included our evidence with the court forms and that we could settle this out of court if they wanted too. I suggested that they talk it over and call us back. But I also told her that her husband was not welcome in our home and we would not be comfortable going to their home after the way he treated hubby, perhaps we could meet in a public place. She said it was too bad that we hadn't called first and given her husband a heads up before we showed up with court papers, he just doesn't handle surprises well! I told her that perhaps her husband could have called us when he decided to change the color of our truck and maybe we wouldn't be here now. So we will see what they decide to do, the ball is in their court now.
Well if you can't handle surprises, maybe one should not bring them upon themselves IMO. Glad you kept your cool and didn't bring up the slip shot work among other things...............
WE WON! About 10:30 this morning we got a call saying they wanted to settle. We met his wife and got our cheque. I had then sign a receipt. After I checked that hubby had deposited the check, I faxed the papers off to the court and it's done, just like that. So glad we don't have to go to court.
Glad it worked out for ya Fannie, now you need to change the thread title to gambled and won or at least gambled and broke even.
Life is a gamble. A jug of whiskey, some guns, and a train would have made this whole thing more believable. Did you meet at high noon? At least when you gambled you learned and didn't end up on Boot Hill on the edge of town.Time to clean up this mess and get back to looking for a shop.
Yeah, I've never painted a car and probably could have done a better job matching color! Is he blind? Heck I know how to avoid orange peel look too! Anyway new paint job looks good.
Great ending! Did you just ask for the money back that you paid him for the bad paint job, or also include the additional labor charge the second painter had to make to 'un-do' the damage of the bad job (additional stripping, sanding, sealing etc.....)?
We just wanted our money back, that's it. With both of these painter's bills combined we still didn't pay as much as some other "professional" shops wanted. We are very pleased with the end result and feel that he gave us a fair price considering what had to be done. We feel that if we had gone to shop #2 initially it very well could have been more with all the rust damage that was around the wheel wells because guy #1 had already repaired it. We really didn't want to go to court, we just wanted our money back and we got it. Our truck looks great and will now pass safety inspection, so it's all good.
This is the line that got Buddy angry and wanted to fight it out with #1 son. Blind trunk perhaps. I was telling the girls at work, when I was a teenage a bunch of the guys in our little group decided to roller paint one of their cars lime green. Apart from the color it turned out better then our truck. I believe he accidently ordered the wrong color paint and decided to paint our truck using the wrong thinking we would not do anything about it. And truth be told had the body work not been an issue we probably would not have had it repainted, even though we both didn't like the color.
Fannie “Give evil nothing to oppose and it will disappear by itself.” ― Tao glad to hear it all worked out
