Need advice concerning a small claims lawsuit

TheFaucet · #1 01-25-2007, 03:10 PM

I bought a Rolex Oysterquartz online last September. I took it in to a jewelry store to have a link removed because the bracelet was loose. Instead of removing the link the guy doing the repairs went ahead and decided to open up the case because he saw that it wasn't sealed and that moisture was getting in. Well in the process of opening up the case he breaks the watch (because the case was crossthreaded). The store sends the watch in to Rolex but they say the watch is broken beyond repair. When I walk into the store asking to be compensated for the broken watch, they refuse. The store owner starts questioning the value of the watch, saying it isn't worth the $3000 that I paid for it, that parts were already broken, that he's "not eating it" and that he'll contact his son, who's an attorney. I guess one thing I should note is that I'm 22 and this guy is in his 60's so he probably takes me lightly.

Now the owner of the store is a two-faced scumbag and I would like nothing less than to see this man and his business suffer. I had to threaten him with a lawsuit just to make him stop ducking me. He doesn't know how to run a business or how to take care of his customers and he has a reputation for being underhanded. I've already contacted the people I bought the watch from and they will be backing me up concerning the value and quality of the watch. I would rather settle out of court but I feel I have a strong case if this goes to small claims.

So if this goes to court should I hire an attorney, especially if the guy I'm suing have one? Should I look to be compensated for sentimental value? Are there any criminal charges I can press? I would really like to milk this guy if he makes me go to court with him.

Also if you have any suggestions for things I can do out of court to "encourage" the scumbag to reimburse me let me know.

TheFaucet · #2 01-25-2007, 03:20 PM

I guess I should add that the site I bought the watch off of isn't Rolex certified. However they do have an actual location in San Francisco.

Ron_Mexico · #3 01-25-2007, 04:41 PM

I would say that the people who sold you the watch would be responsible. The case was crosstheaded and not sealed. Depends how they represented the watch when they sold it to you.

Since you did not ask for the guy to repair the inside of the watch he may still be responsible. He went on his own and did repairs that were not contracted to him. I would look into both situations.

PLOlover · #4 01-28-2007, 02:17 PM

The bottom line is he broke your watch instead of fixing a link.

Take him to small claims court. It's simple and you will probably win. No lawyer needed, cost <20bucks.

TheJokerIsWild · #5 01-28-2007, 02:48 PM

"So if this goes to court should I hire an attorney, especially if the guy I'm suing have one? Should I look to be compensated for sentimental value? Are there any criminal charges I can press? I would really like to milk this guy if he makes me go to court with him.

Also if you have any suggestions for things I can do out of court to "encourage" the scumbag to reimburse me let me know."

You can hire an attorney for advice but you can't have him with you in Small Claims court. Your case sounds pretty straightforward so I doubt you need to hire an attorney. You can't be compensated for "sentimental" value. I'm not even sure why you think that would apply here. You can be compensated for the value of the watch. There are no criminal charges that can be pressed. The main thing here is you need to settle down, get all your facts straight, and present a professional case to the judge in Small Claims. I know you are emotional right now because this douche screwed you over, but you won't get far by being emotional-especially in court. Just make sure you have very good evidence or a statement showing the value of the watch from the merchant who sold it to you. Have all the dates/times that you corresponded with the defendant very organized. These Small Claims judges like to see a very well prepared, organized case. If you take care of everything like you should and stay professional and calm you should be successful in getting a judgement against this guy. Good luck.

guids · #6 01-28-2007, 03:40 PM

why cant you have them in the court with you? I am in the process of suing someone in small claims (sans lawyer), and I saw a bunch of people w/ lawyers in court, while waiting for my case to come up.

TheJokerIsWild · #7 01-29-2007, 04:27 AM

[ QUOTE ]
why cant you have them in the court with you? I am in the process of suing someone in small claims (sans lawyer), and I saw a bunch of people w/ lawyers in court, while waiting for my case to come up.

[/ QUOTE ]

Well I know for a fact in my state (CA) you can't have your lawyer represent you in small claims. It's possible that they can help you or whatever but they can't speak on your behalf to the judge. You may want to check with your local small claims court to find out what the rules are in your state.

http://www.courtinfo.ca.gov/selfhelp...tm#bringlawyer

Ron_Mexico · #8 01-29-2007, 06:40 PM

Im not sure he broke the watch. I think the watch was already broken to begin with.

BradleyT · #9 01-30-2007, 04:40 AM

Take him to Judge Judy, this would be awesome to see on TV.

Bill Haywood · #10 01-30-2007, 07:31 PM

How are you going to prove you only wanted a link taken out?

If the guy goes to court, expect nothing but lies. He'll say you asked for an estimate on a broken watch repair, and are now claiming that he broke it, or some such thing.

How are you going to get legally admissible evidence from the seller? Will a letter be acceptable, or would it have to be a deposition, which you would have to pay someone in SF to gather?

Despite the seeming simplicity of the case, the complexity can quickly skyrocket. You'd need a lawyer to do it right, but the amount involved does not justify that.

Once you get to small claims, it is a total roll of the dice. The judges are overwhelmed and they will be pushing your case through with a cattle prod. They will not be moved by pious calls for justice and the amount of emotional investment you have in this. ANYTHING can happen, it is a very unpredictable process, even with seemingly straightforward situations.

You need to decide whether you want the best EV, or just want to punish the guy. For punishment, hire a lawyer and pay him most of what you'll collect. For best EV, pressure the guy into paying some amount by filing, then settling.

My suggestion: file in small claims court. The guy will probably settle with you in the hall while you are waiting, since he is clearly experienced at this and knows the court room is not positive EV. If you want money, settle for less than the value of the watch. If you will not bargain down from the full amount, he has no reason to settle. He might pay the same amount in court, and has a chance at less of an amount. Your bluff is to act like the wounded Christian who will never stop until truth has triumphed. Push that until he offers you an acceptable amount. you will have to have the nerve to deal coolly with him in the hall.

If you want to roll the dice and hope you can persuade the judge in 3 minutes, then go ahead, but be very prepared to lose outright.

You know, I don't know if he really broke your watch, or you just got into a dispute, and are now trying to frame him. The judge won't know either. Judges believe nothing. They will make a very quick decision based on their best guess of what really happened.

Good luck. It's a soul-punishing experience.