| How-To Sue Dealers |
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As I spoke to one of my friends practicing law, let me give you some
general ideas about your relative positions in the legal system concerning warranties and repair work.
If you feel a dealer has wronged you, take them to court!
First, try to deal with them civilly. If they persist, or a reasonable bargain cannot be struck, here are your options. In most states, the courts are set up in a tiered system, beginning with a small claims court at the bottom, and increasing to a superior court near the top (excepting appellate courts).
For most of us, small claims court is the place to be (for several reasons). Just above that is a district court of sorts, and lastly the superior court.
- Small Claims Court-
In most states, the small claims court has a jurisdictional limit, usually set in dollar terms. Here in New York, that limit is three
thousand dollars ($3000). So, if you feel your claim is larger than that, see below!
Based upon this jurisdictional limit, this will cover most situations with dealers and our cars. The costs for filling a small claims
action are *very* small!! Take advantage of it. The dealers are MUCH more likely to be realistic at the bargaining table when you have them summoned to be in court (even a small claims court).
The small claims court is your forum! The dealer is at a disadvantage there because the Judge is a person like you and I, and will see you
in the best light possible, given everyone's experiences in life with car dealers. Now, if you're in there whining like a baby about some squeaks, noises, carpet crap, or any of the other dingle-berry baby, whiney crap I hear in here, well, I hope the judge throws you out on your ass. He probably will.
However, for those truly aggrieved, the Small Claims court is the place to be. EVERYONE on this list is sharp enough to do their own thing in small claims court (NO attorney necessary!). Have all your ducks in a row, and use the power of information. This list is VERY valuable. Half the time we all know more then the dealers about certain problems and occurrences. Take advantage of it!!
Briefly, those who have suffered blown transmissions, or other major problems that deserve re-dressing should go for it in the small claims court. Very little to lose.
- The District Court-
The District court also has a jurisdictional limit, also measured in dollars. Here in New York, the limit is $15,000. Now, this would
cover only one thing like when a person bought a car that might have been owned before, and the dealer had fraudulently offered it as new.
To get damages up that high, there would have to be some pretty
serious crap going on with the car, or, as above, where there was a unique situation with the dealer and some fraud, etc.
In District Court, you will probably need an attorney, unless you have some time on your hands to do some research regarding the proper preparation of the pleadings and discovery issues, etc.
- Superior Court -
Superior Court has no jurisdictional limit. However, I can't think of any transaction with the dealer that would go here. If the dealer sold you a stolen car, or a defective car, such that you were injured (physically) then you could bring the case here.
As with the District Court, an attorney is recommended here.
Conclusion -
In a nutshell, don't let the dealers run rough-shod over you. There are a lot of remedies out there. Know you rights, exercise them, and get the results you want.
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