Date: Sun, 13 Oct 2002 13:01:04 -0400 From: "Kenneth S." <nimrodnopsams.com> Subject: Re: SAAB & dealers - who is responsible?
Bob wrote: > > On Sun, 13 Oct 2002 00:14:35 GMT, Louis Cornelio <cornelionopsamrr.com> > wrote: > > >> For $6000, I'd be contacting an attorney. Only the advice of an > >> attorney familiar with the laws of *your* state can determine where > >> the responsibility for this lies and what the possible legal > >> avenues are. > > > >Both attorneys I spoke with informally laughed & said the cost of > >litigating it (here is california) would easily equal or surpass that > >amount..... > >so it looks like small claim courst for me unless SAAB does the good > >will on this.... > > Well, I'd find a better priced attorney then. :-) > > Seriously, you can't really sue unless you understand the laws. > Sure, you can go to small claims court, but who can you sue under > the laws of your state ? Is Saab responsible ? The old dealer ? The > seller ? I'd wager a guess (only a guess, I don't practice law) > that the only person you can sue is the seller - and that for > misrepresenting that the proper 35K service was done. I don't think > you have any legal recourse against Saab (but again, I'm not an > attorney familiar with the laws of your state). > > Even in small claims court, you have to sue under the laws of your > state. The judge doesn't just decide who's right - he has to follow > the law. > > Bob And, even if you win in small claims court, what are the chances of being able to COLLECT your damages? My understanding is that this is the real Achilles heel of most small claims court systems.
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