How to file a claim in Small Claims Court?

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05-26-2009, 10:16 AM
CosmosMpower

How to file a claim in Small Claims Court?

I bought a watch off Craigslist and it was advertised as 100% functional. I picked it up thinking 2 of the functions needed calibration and took it home. The screen was showing the feature but did not show a number so I figured it was never set.

Was playing around and looking online on how to calibrate it and it appears that the chip that controls the barometer and altimiter are broken.

Called the seller back and he swears everything works etc but I obviously can't calibrate those 2 functions and it's common that the chip that controls those breaks. Called the manufacturer and it appears to be out of warranty. Just going to take the guy to small claims court but never had to do so before.

I heard it's just a small fee ($25?) and you put everything in writing but I'm looking for some more details. Bought the watch in Irving.
05-26-2009, 10:38 AM
cam76034

Why don't you go back to the seller and ask him calibrate it for you? That should prove right then and there if it is defective. Wouldn't hurt to have a witness along for the ride, who might happen to discretely be recording the episode. If at that point it doesn't work, ask for your money back. Might be that easy. If not, you would have evidence and a witness for your venture into Judge Judy's court.

P.S. A screenshot of the Craigslist ad would be most helpful as well.
05-26-2009, 10:39 AM
creek

More than you ever wanted to know about small claims: http://www.texasbar.com/Template.cfm...entDisplay.cfm
05-26-2009, 02:34 PM
CosmosMpower

Did some more research it appears the pressure sensor that controls those 2 functions is kaput. Happens quite often with this watch (should've done some more research beforehand).
05-26-2009, 02:55 PM
jrj512

Two words: Judge Judy.
05-26-2009, 02:57 PM
CosmosMpower

Quote:

Originally Posted by creek

More than you ever wanted to know about small claims: http://www.texasbar.com/Template.cfm...entDisplay.cfm

good stuff thanks
05-26-2009, 03:05 PM
Titus

Lots of questions come to mind that would likely come up in court... What was the sellers response/reaction when you asked for your money back? Was it an individual or a business that was selling via CL? Was the seller a "watch guy" that should have been aware of the true condition of the watch? Was there any "as is, no returns" language in the ad? How much $$$ under retail did you pay? Is it repairable? If so, what would the repair cost?
05-26-2009, 03:17 PM
CosmosMpower

Quote:

Originally Posted by Titus

Lots of questions come to mind that would likely come up in court... What was the sellers response/reaction when you asked for your money back? Was it an individual or a business that was selling via CL? Was the seller a "watch guy" that should have been aware of the true condition of the watch? Was there any "as is, no returns" language in the ad? How much $$$ under retail did you pay? Is it repairable? If so, what would the repair cost?

Individual, yes he collects/sells watches. Said no way in hell he'd buy it back. Condition of the watch was ok except the 2 functions did not show a figure at time of pickup. Was told it just needed to be calibrated first so I took it, tried to calibrate it and found out the pressure sensor is dead.

No "as is" lanaguage, in fact his ad stated all functions work perfectly. Cheap watch, paid him $230 for it so not sure if it's worth the trouble. Yes it's repairable but won't know the cost until I send it in.

Should be a easy win if I sue him..

http://dallas.craigslist.org/dal/bar/1184441530.html
05-26-2009, 03:25 PM
Titus

Quote:

Originally Posted by CosmosMpower

Individual, yes he collects/sells watches. Said no way in hell he'd buy it back. Condition of the watch was ok except the 2 functions did not show a figure at time of pickup. Was told it just needed to be calibrated first so I took it, tried to calibrate it and found out the pressure sensor is dead.

No "as is" lanaguage, in fact his ad stated all functions work perfectly. Cheap watch, paid him $230 for it so not sure if it's worth the trouble. Yes it's repairable but won't know the cost until I send it in.

Should be a easy win if I sue him..

http://dallas.craigslist.org/dal/bar/1184441530.html

Wow... he actually mentions that the broken options work. I would take it to a watch shop and see if you can get a letter stating that they don't work and I would say you have a slam dunk case.
05-26-2009, 03:38 PM
CosmosMpower

Quote:

Originally Posted by Titus

Wow... he actually mentions that the broken options work. I would take it to a watch shop and see if you can get a letter stating that they don't work and I would say you have a slam dunk case.

I may just send it in to Tissot and they will send me a letter stating what is wrong with it and a repair cost. I guess then I can see if he will refund me or tell him I'll go ahead and file the claim.
05-26-2009, 06:25 PM
Dave04

Quote:

Originally Posted by jrj512

Two words: Judge Judy.

heh.... I thought you were going to say "caveat emptor"
05-26-2009, 08:21 PM
black roadster

You could always sell it to a sucker on Craigslist. ::Banana::
05-26-2009, 09:02 PM
trickyrix

Quote:

Originally Posted by black roadster

You could always sell it to a sucker on Craigslist. ::Banana::

:clap:
05-27-2009, 07:37 AM
CosmosMpower

Quote:

Originally Posted by black roadster

You could always sell it to a sucker on Craigslist. ::Banana::

I didn't know you were in the market for a watch
05-27-2009, 07:54 AM
TurboDuane

Quote:

Originally Posted by CosmosMpower

I didn't know you were in the market for a watch

::Rimshot:
05-27-2009, 08:07 AM
jrj512

Quote:

Originally Posted by CosmosMpower

I didn't know you were in the market for a watch

Only if it's chrome.
05-27-2009, 02:18 PM
channelmaniac

Quote:

Originally Posted by jrj512

Only if it's chrome.

How do you mount a wing to a watch?
05-27-2009, 06:55 PM
bigDstars

Quote:

Originally Posted by cam76034

Why don't you go back to the seller and ask him calibrate it for you? That should prove right then and there if it is defective. Wouldn't hurt to have a witness along for the ride, who might happen to discretely be recording the episode. If at that point it doesn't work, ask for your money back. Might be that easy. If not, you would have evidence and a witness for your venture into Judge Judy's court.

P.S. A screenshot of the Craigslist ad would be most helpful as well.

I would follow this advice. And your witness should be named Guido and be good at collections.
06-04-2009, 12:46 PM
cam76034

So how'd it go Cosmo? What'd you do?