Legal Question in Consumer Law in California

I want to report a auto detail shop for putting swirl marks on my car paint and also marks on the upholstery to the Better Business Bureau and the Chamber here in town. The owner is very angry. I asked the owner of the shop to return my money. I contacted the owner 3 times. 1. to tell him about the damage, 2 to send a letter to ask for my money back $175 3 a phone call about 10 days later asking if he got the letter and if he would give me back my money. His response to me was, "absolutely not" He then yelled, I have talked to my attorney, I have letters from detailers saying that you can't put swiirl marks on a car with hand polishing and you are harassing me" It will cost me $250 to get the paint fixed.

QUESTION: Can he sue me for harassment, making false statments or for any other purpose if I send complaints to the BBB and the Chamber. Taking this to small claims is a last resort for me. He is so angry and threatening it would be difficult to collect any money even if I won a judgement Also I think the BBB and the Chamber needs to have this on record. harassing

Thank you


Asked on 7/22/10, 2:19 pm

1 Answer from Attorneys
Dawn VanHorn VanHorn Legal

Black's Legal Dictionary defines harassment as the following:

"A course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose" or "Words, gestures, and actions which tend to annoy, alarm and abuse (verbally) another person."

If you are honestly trying to get a refund then the act of reporting this guy to the BBB, local Chamber of Commerce etc. is not harassment as your actions serve a legitimate purpose rather than merely being annoying. If it were me and he said he was represented by an attorney I would request that attorneys name and contact information so you can pass it along to the BBB etc. when you file your complaint. The monetary amount makes this a small claims matter (which you have noted), as a result I wouldn't suggest you involve your own attorney unless this situation escalates considerably.

Dawn R. VanHorn

Attorney & Counselor at Law

VanHorn Legal

(714) 396-4152

www.VanHornLegal.com

[email protected]

The foregoing has been written by Dawn R. VanHorn, Attorney & Counselor at Law. If the designated recipient(s) of this communication have not fully executed a retainer agreement engaging Dawn R. VanHorn and/or VanHorn Legal relating to the subject(s) of this electronic message nothing herein constitutes nor is intended to be legal advice and as a result should not be relied upon as such.

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Answered on 7/25/10, 12:03 am


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