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.

djoyce003 · #10 01-31-2007, 11:46 AM

Just present your evidence of what you paid, and the fact that he broke it. After that it's fairly straightforward. The judge should find in your favor. You can't ask for emotional distress damages or things like that but in addition to replacing the watch or paying you fair value you are also allowed to ask for payment for your time spent in pursuing the trial...some reasonable rate per hour so be sure to document that as well.