Legal Question in Consumer Law in New Jersey

I need advice. My 82 year old Father purchased a used car for $3400 and within 300 miles of use, he found out that it had blown head gaskets. It was purchased "as is" however, we have an email from the sales mgr answering our questions, one of which he stated that there is nothing wrong with the engine other than it could use a new set of spark plugs. Maybe $30 for a good set of plugs would have been fine.......but that's a far cry from the $6500 that my Father spent for a remanufactured engine and installation! I am POA for my Father and want to take the dealer to small claims court and am concerned because the mechanic that removed and replaced the engine is over 100 miles from court. This was my first business with the mechanic and I'm sure he won't take a day off of work to come to court for me. What evidence will the judge accept in small claims court with regards to the mechanic to prove that the blown head gaskets were a problem with the car before I purchased it? Will he take a written statement? Will he allow him to testify on speakerphone so he doesn't have to take the day off from work? What are my alternatives? Help!!!!!


Asked on 2/22/10, 11:12 am

1 Answer from Attorneys
Frank Bosley Law Offices of Frank T. Bosley, LLC

Small claims court (in NJ) is limited to $3000 for this type of case. Doesn�t mean you cannot file it in Small Claims, only that you can only recover $3000. Special Civil Part is where this case should be filed (up to $15,000). Without further information, it seems your mechanic will have to appear. A written statement is probably hearsay (there is always a possibility that there might be a business records exception here, but too hard to tell from the limited information provided). You should ask your mechanic if he will appear, and then issue a subpoena (which requires him to appear). If he won�t appear and then you issue the subpoena (which will still require him to appear) he may not be fully cooperative. It�s always best to get witnesses to appear on good terms. You should expect to pay him for his time/travel. This may make him more amenable to the process.

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Answered on 2/27/10, 1:56 pm


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