Old Library

Folks,

As the list's only member practicing law, let me give you some general ideas
about your relative positions in the legal system concerning warranties and
repair work. Let me preface this whole thing by saying I love my VW, and all
three I've owned have been trouble free.

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.

1. 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!!

If anyone is heading for that, let me know, and I'll help you through it.
I'll spare further details here. 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. I can help you
through filing the papers to trial prep. Then you're on your own!!!
Heh-heh....

2. 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 I've heard in here so far, and that would be the guy who just
recently told us all that he bought a car that might have been owned before,
and the dealer had fraudulently offered it as new.

(Side note to that person: Get an attorney *right* away, and sue the pants
off that dealership. They committed heavy fraud. I can tell (as most of us
can) that you were sold a car that was pre-owned and pre-wrecked!!!!! They
must be reported to your States' DMV, as well as the Consumer Fraud branch
of the Attorney General's Office).

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. Again, if anyone is heading in that
direction, please let me know and I'll help you the best I can.

3. Superior Court -

Superior Court has no jurisdictional limit. However, I can't think of any
transaction with the dealer that would go here (that I've heard of from you
folks on the list). 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 -

I have plenty more information to share, but will do so only if the demand
is there (for a public post) or if e-mailed. 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.
__________________
Wally G,
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