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-   -   got ripped off on some parts and machine work, need advice.. (https://www.offshoreonly.com/forums/general-q/253029-got-ripped-off-some-parts-machine-work-need-advice.html)

gsxr1216 05-08-2011 09:37 AM


Originally Posted by 1BIGJIM (Post 3397474)
I will give you some cheap free legal advice.

You will not get a judgement in any court.
It's like buying a used car, buyer beware.

Sorry just the way it is. I sell and buy all the time on OSO
there are more good people than bad.

And, Yes I have been burned before.

well that may be the case, but at this point in time and how cheap it is to file small claims its worth it to me just to have this guy have to his spend money, time, and tolls to come out here for the case. at least i would get some satisfaction out of that if nothing else.....

wtfo 05-08-2011 09:40 AM


Originally Posted by 1BIGJIM (Post 3397474)
I will give you some cheap free legal advice.

You will not get a judgement in any court.
It's like buying a used car, buyer beware.

Sorry just the way it is. I sell and buy all the time on OSO
there are more good people than bad.

And, Yes I have been burned before.

I've seen people get favorable judgement on something similar, but it would certainly be a crap shoot... I definately would not spend a ton of time or emotional investment on the outcome. If nothing else, pursuiing it in court will give the gentleman some motivation to think hard about the way he does business... I often let this sort of thing go if it isn't a lot of money, or if I don't have clear, compelling documentation... in NC, small claims max is $5k...

Most importantly, I'm with bigjim on doing business, I've been burned before, but not often - the vast majority of people are honest and straightforward.

The real bottom line whether you get some compensation or not, is whether or not you cut it loose and don't let it bother you down the road. better things to do with time and energy than be pissed at people that don't matter. Just sayin...

articfriends 05-08-2011 10:09 PM

What state is this guy in?

gsxr1216 05-09-2011 05:40 AM


Originally Posted by articfriends (Post 3398088)
What state is this guy in?

NY, close to the buffalo area

tinman565 05-09-2011 07:42 AM

Name...and name of his shop/business ?

articfriends 05-09-2011 07:11 PM


Originally Posted by gsxr1216 (Post 3398164)
NY, close to the buffalo area

I'm glad you didn't say PA, there is guy there that keeps getting his azz roasted in the bad bussiness section, he likes to hang out in the swap shop too!!!

gsxr1216 05-10-2011 05:41 AM


Originally Posted by tinman565 (Post 3398246)
Name...and name of his shop/business ?

HTG (hot to go) motorsports. grand island NY.

Fountain4402 05-10-2011 07:25 AM

Try the BBB first. Might not get anything out of it but its cheap and easy. Before you do anything the more proof in the form of pictures, receipts, statements the better.

Have you tried to get the business to fix the issue? Because no judge is going to rule for you if you never made contact with the business. Also you are dealing with used parts here, if the business in good faith repaired and fixed your boat and the used parts failed its not their fault. The burden of proof is going to be on you to prove they knowling messed up.

Alot of people think its so easy to slap down a claim in court or sue, ITS NOT!!! Why do you think if you want to get any sort of money most people had to get lawyers. I've been around this stuff some what and have some education in it and its not just hunky dory. Alot of cases are dismissed in small claims and I have actually seen the complaintant pay to the defendent. Most cases its where the complaintant loses so the judge awards the defendent with his counter claim of having to take work off to show up and gas mileage.

Step 1 contact business and try to work something out
Step 2 use the BBB
Step 3 Small claims

pachanga 05-10-2011 07:32 AM

The thing that sucks about small claims court is if you do get a judgement they can just appeal to state court and then unless you are well versed you will have to get a lawyer.

Been there and done that.

4bus 05-10-2011 07:59 AM


Originally Posted by gsxr1216 (Post 3399080)
HTG (hot to go) motorsports. grand island NY.

The sad thing is you didn't even have to post this and I knew who you were talking about.

I don't know what happened over there, seems he had a very good thing going for a long time, the last few years his buzz in the marine world has not been good at all. Worse yet check out some of the snowmobile forums, you can track bad service back 5 years on him there.

I have assisted area repair shops in their defense against consumer complaints as a technical advisor. I can tell you that most cases end in a 50/50 split between the consumer and shop in this state. The consumer definately has an adavantage in NYS, I would pursue. However, if he is going out of business your efforts may just award you with a sheet of paper....you can't get blood out of a stone.


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