Lease Return Issue Ally

It’s pretty standard practice to have the 3rd party inspection done prior to turn in, lesson learned.

1 Like

Post your experience on ghilbiforum.com and on Facebook Maserati Ghibli Owners Group. I’m sure fellow owners want to know who they can trust.

If you’re that pissed off go to the local court house and file a small claim proceeding against the dealer…it will cost you like 35 dollars. No lawyer needed. It’s actually really easy and will take a days work. You will need evidence…ie email or tape convo saying it was dealers fault. Bro either put up and go through the societal norm of court to settle your dispute or just let it go. FYI I’d bring the dealer to court and I’m lazy as can be. F them

1 Like

Unless dealer sends their lawyer and that lawyer requests some kind of “hearing” that will be rescheduled by the judge. It will be like the real thing where you’d need to bring your own lawyer to have any chance.
p.s. don’t remember what this thing is called exactly, but trust me - this can happen. Maybe @AP919 knows, but she flies higher than that :slight_smile:

The dealer will not bring their lawyer. A lawyer for an hrs work will charge more than 250. Two things will happen…either they will pay you (most likely) or a representative of the dealer will show up and give their case. Small claims court is equivalent to judge Judy or people’s court. Those shows are mediators rather then actual court but it’s same concept.

I would do this if you have an email or taped telephone convo of dealer saying it’s our fault. If you don’t…then do me a favor…go to your wife/significant other and have her kick you in the balls. When she does and asks why…tell her Bc lax854 revealed wat an idiot I am for not having indisputable evidence :grinning::grinning::grinning:

Probably not for $250, just saying that small claims may not be as eazy-peazy as you described. And for some businesses it is not about money but about their reputation and a record in the courts.

@Ursus Ursus we both learned something today…

Can I bring a lawyer to small claims court?

In a handful of states, including California, Michigan, and Nebraska, you must appear in small claims court on your own. In many states, however, you can be represented by a lawyer if you like. But even where it’s allowed, hiring a lawyer is rarely cost efficient. Most lawyers charge too much compared to the relatively modest amounts of money involved in small claims disputes. Happily, several studies show that people who represent themselves in small claims cases usually do just as well as those who have a lawyer.

So in California no lawyers are even allowed in small claims court

You don’t understand - you go to small claims on your own and your case may be bumped to the civil court as per other party attorney’s request. That’s when you better have a lawyer.

2 Likes

Sue everyone then. OP be sue happy and sue Maserati for charging you such ridiculous amounts of money for a pile of metal :hugs::hugs::hugs: haha contact the law offices of lax854 for more information lol

Some states have minimum amounts at controversy in order to be admitted to the regular civil term, i.e. it has to be over $5,000, the limit for small claims court.

Most lawyers won’t bother with small claims.

There’s not really a cause of action (but I’m neither a civil litigator nor licensed in California) that OP can bring against the dealership. In a sense, it’s fraud, but it doesn’t really meet the elements of fraud. Larceny? Larceny by trick? Possibly if it was “stolen” off the car, but that’s not a civil claim.

Your best bet is, as people have suggested, to pay it and move on. I hate needlessly spending money and am the epitome of a cheap Jew, but the time you have expended on this and will expend is not worth it.

Now when a dealership damaged my car when it was in their possession for more than 10 days, and the damages were significant – different story. But I’m sure the dealer spent more on their lawyer than they ended up paying me, and it wasn’t worth their time.

As for “the real thing,” you need a lawyer admitted in that jurisdiction in the courts higher up than small claims. If you represent yourself, it is called “pro se.” If you have a lawyer from another state, i.e. NY to California, temporarily for that case, the lawyer petitions the court to be admitted “pro hac vice.”

2 Likes

I know that way smaller amounts than small claims limit can be sent to the civil court. So technically a case may qualify for the small claims but it can be sent to the civil during the hearing in small claims.
Most likely state thing, too.

Ap larceny is a crime. This is a dispute on who owes the 250. Strictly a civil matter. Small claims is the appropriate venue. If op has evidence dealer said they owe this then it is a slam dunk and should be easy victory. To get into larceny you need to divulge into state of mind ie intent which obviously is ludicrous to go into for a case like this. I know nothing if California law but I can tell u in ny this is a clear case small claim proceeding. F it I’d go on the ppls court and make out like a bandit

I know, that’s what I said!

I was actually contacted by the People’s Court or one of them when I filed my case, haha. I was considering it. If it was Judge Judy, I definitely would have done it.

1 Like

I think it’s called Arbitration

No [101010101]

The attorney would request that the rules of civil procedure be invoked. Once the rules of civil procedure have been invoked, the case doesn’t actually get removed from the small claims division, but the real rules of civil procedure (versus the fast-track rules of small claims court) are used.

Turns it into an actual case where regular motion practice, discovery, etc. come into play.

2 Likes

Thanks, sounds like what I meant :slightly_smiling_face:

1 Like

if i had purchased lease protection and they still charge me, i personally would not pay $275. if they send to collection agency ill write a letter and dispute on credit report.

Was it Marilyn Millian, Koch or Judy’s husband? Millian is kinda cute lol.

BTW, in regard to the “case,” for those suggesting it, this guy is wasting his time taking this to court. After court costs, time wasted, parking, headaches, etc, what’s he going to net? 50 bucks, if that? Pay it and call it a day. People are too sue happy.

2 Likes