Legal Question in Consumer Law in Michigan
Small Claims Issue
My husband and his dad went to a golf course today where they checked out a golf cart and had to give it back because it had a flat tire so they got another one. My husband stated that it was hard to drive and my father in law saw a crack on one side. Before they got home I received a call from the golf course and they were harassing me and lied to me to try to see where they were. He later on stated that my husband and his dad damaged the golf cart in question. My husband called back and explained to the man that this golf cart was already damaged before they started playing golf. Now this man wants to take us to small claims and he is harassing us and wants them to ''fess up'' what they did. When it never happened in the first place. What should we do? The man wants my husband to go over there and look at the damages and pay for it.
1 Answer from Attorneys
Re: Small Claims Issue
I would go back to speak with them and to look at the cart. I would tell them that since they referred to small claims, I am going to record our communications and then I would start my recorder and start taking pictures. I would take pictures of all the other carts too. I would tell them that I have no intention of paying for something I did not do and that if they take me to court, they will be the ones paying. I would also tell them that I am going to make a consumer complaint and I would do so.
I would ask them how they know it was me and not the driver before me. Do they have pictures of the cart before and after. What evidence do they have that I did it? Get it all on tape. Make a big deal and they will get scared and back off.
I would also write everything down about the events of the day in question. I would have my father-in-law do the same.
I would not be worried and gather my evidence for an exciting day in court, but I am an attorney - you may not get so excited.
(Please do not rely on this communication as this forum does not create an attorney-client relationship and this communication is only meant as a discussion of legal principles and therefore, should not be relied upon.)
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