humbly hoping you guys can help me out
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humbly hoping you guys can help me out
https://g35driver.com/forums/showthr...8&page=1&pp=15
please read and please tell xg35driverx to do the right thing
please read and please tell xg35driverx to do the right thing
I hate to say it but if the diffferences can't be solved otherwise, another option is Small Claims Court:
Florida Rules of Court allow a person to file a claim in small claims court with or without a lawyer. The forms needed may be purchased and filed with the Clerk of the Court's office located in the Courthouse.
The Clerk's office is allowed to assist with a small claim by assisting in the preparation of a statement of claim.
For further information you should contact the Clerk of the Court or your lawyer.
What is a small claims case?
A small claims case is a legal action filed in county court to settle minor legal disputes among parties where the dollar amount involved is $5,000.00 or less, excluding costs, interest, and attorney fees.
Is an attorney necessary?
No. Small claims court is considered a "peoples court" and a lawyer is not required. Clerk's Office personnel will provide you with the necessary forms for filing a small claims case.
Who can file a small claims case?
Any person(s) 18 years or older or any individual doing business as a company, may file a small claims case. Each person who is a party to the claim must appear at the Clerk's Office to sign the necessary paperwork in the presence of a deputy clerk, or the signatures must be notarized.
What does it cost to file a small claims case?
Filing fees for small claims actions are determined by Florida Statutes and are subject to annual change by legislative action. Fees also vary in accordance with the dollar amount of the claim and type of action.
Other fees are required for service on the parties sued and are dependent on the type of service selected. A current Schedule of Service Charges is available in any Clerk's Office location.
What information is needed to file a small claims case?
It is important that the claim is filed against the right party. The additional time spent researching the correct name could make a difference in the ability to collect on any judgment entered by the court.
Copies of any contracts, notes, leases, receipts, or other evidence in support of the claim must be furnished for each person sued and the court. The originals must be brought to the first court appearance. A full explanation of the reason for the small claims action will be necessary.
Are there other requirements?
If someone other than an individual is sued, additional information is needed to complete the required forms. For example, is the individual doing business as a company, a partnership where there are several people doing business as a company, or corporation?
What happens after the filing of a small claims case?
After the filing of a small claims case, each person or business sued must be served with a Summons or Notice to appear in court on the date and time scheduled when the claim was filed. This court date will be a pre-trial conference and parties should be prepared to present their cases in court.
At the pretrial conference mediation is ordered if both parties to the dispute are present and unable to settle their dispute. A mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. Mediation is an informal and non-adversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. In mediation, decision-making authority rests with the parties.
If the dispute cannot be settled at the pre-trial conference, a trial date will be scheduled by the court. The parties must appear at the trial with all witnesses and documentation.
At the trial, both parties will have an opportunity to explain the case to the judge, ask the other party any questions concerning the claim, present documentation as discussed at the pre-trial conference, and call witnesses.
Why use mediation?
The Judge will require mediation because:
Mediation is economical. Settlement is viewed as fair by both parties. There is one court meeting. There is no need to subpoena evidence or witnesses and depend on their presence at trial. There is no extensive trial preparation. Mediation preserves personal and business relationships. It allows debtors to arrange repayment plans, avoid a judgment, and preserve credit reputation. Mediation protects privacy and avoids the publicity of trial. Both parties remain in control and participate in a "win-win" solution. The agreement is final and the dispute resolved.
Is a jury trial possible in a small claims case?
Yes, a trial by jury may be requested by the person filing the Small Claims case, upon written demand at the time the case is filed. The person being sued may request a jury trial within 5 days after service of Notice or at the pre-trial conference.
What happens to the case if a settlement is reached?
If, at any time in the proceedings a settlement is reached by the parties, the person who filed suit must notify the Clerk's Office in writing of the settlement.
How does a party collect on any judgment?
The court does not collect money damages for the parties, who may wish to consult with an attorney for advice on collection.
May a lien be filed against the defendant's property?
If a party chooses to place a judgment lien against any individually owned real property of the defendant, following the entry of a Judgment, that party should obtain a certified copy of the judgment and have it recorded in the Official Records in the Clerk's Recording Division. Fees for recording are set by statute and are subject to change by legislative action. Contact the Clerk's Office for current fees.
Florida Rules of Court allow a person to file a claim in small claims court with or without a lawyer. The forms needed may be purchased and filed with the Clerk of the Court's office located in the Courthouse.
The Clerk's office is allowed to assist with a small claim by assisting in the preparation of a statement of claim.
For further information you should contact the Clerk of the Court or your lawyer.
What is a small claims case?
A small claims case is a legal action filed in county court to settle minor legal disputes among parties where the dollar amount involved is $5,000.00 or less, excluding costs, interest, and attorney fees.
Is an attorney necessary?
No. Small claims court is considered a "peoples court" and a lawyer is not required. Clerk's Office personnel will provide you with the necessary forms for filing a small claims case.
Who can file a small claims case?
Any person(s) 18 years or older or any individual doing business as a company, may file a small claims case. Each person who is a party to the claim must appear at the Clerk's Office to sign the necessary paperwork in the presence of a deputy clerk, or the signatures must be notarized.
What does it cost to file a small claims case?
Filing fees for small claims actions are determined by Florida Statutes and are subject to annual change by legislative action. Fees also vary in accordance with the dollar amount of the claim and type of action.
Other fees are required for service on the parties sued and are dependent on the type of service selected. A current Schedule of Service Charges is available in any Clerk's Office location.
What information is needed to file a small claims case?
It is important that the claim is filed against the right party. The additional time spent researching the correct name could make a difference in the ability to collect on any judgment entered by the court.
Copies of any contracts, notes, leases, receipts, or other evidence in support of the claim must be furnished for each person sued and the court. The originals must be brought to the first court appearance. A full explanation of the reason for the small claims action will be necessary.
Are there other requirements?
If someone other than an individual is sued, additional information is needed to complete the required forms. For example, is the individual doing business as a company, a partnership where there are several people doing business as a company, or corporation?
What happens after the filing of a small claims case?
After the filing of a small claims case, each person or business sued must be served with a Summons or Notice to appear in court on the date and time scheduled when the claim was filed. This court date will be a pre-trial conference and parties should be prepared to present their cases in court.
At the pretrial conference mediation is ordered if both parties to the dispute are present and unable to settle their dispute. A mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. Mediation is an informal and non-adversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. In mediation, decision-making authority rests with the parties.
If the dispute cannot be settled at the pre-trial conference, a trial date will be scheduled by the court. The parties must appear at the trial with all witnesses and documentation.
At the trial, both parties will have an opportunity to explain the case to the judge, ask the other party any questions concerning the claim, present documentation as discussed at the pre-trial conference, and call witnesses.
Why use mediation?
The Judge will require mediation because:
Mediation is economical. Settlement is viewed as fair by both parties. There is one court meeting. There is no need to subpoena evidence or witnesses and depend on their presence at trial. There is no extensive trial preparation. Mediation preserves personal and business relationships. It allows debtors to arrange repayment plans, avoid a judgment, and preserve credit reputation. Mediation protects privacy and avoids the publicity of trial. Both parties remain in control and participate in a "win-win" solution. The agreement is final and the dispute resolved.
Is a jury trial possible in a small claims case?
Yes, a trial by jury may be requested by the person filing the Small Claims case, upon written demand at the time the case is filed. The person being sued may request a jury trial within 5 days after service of Notice or at the pre-trial conference.
What happens to the case if a settlement is reached?
If, at any time in the proceedings a settlement is reached by the parties, the person who filed suit must notify the Clerk's Office in writing of the settlement.
How does a party collect on any judgment?
The court does not collect money damages for the parties, who may wish to consult with an attorney for advice on collection.
May a lien be filed against the defendant's property?
If a party chooses to place a judgment lien against any individually owned real property of the defendant, following the entry of a Judgment, that party should obtain a certified copy of the judgment and have it recorded in the Official Records in the Clerk's Recording Division. Fees for recording are set by statute and are subject to change by legislative action. Contact the Clerk's Office for current fees.
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if i drive to miami... it wont be for a court case... I'm afraid he would need to be taking me to court after i was finished... but i dont have the time for that
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It seems as if G35driver would have rules about members ripping off other members. If this individual gets banned for his actions, that is enough of a reason (according to our club bylaws) to have this person banned from the FGC.
Hopefully they'll think about their situation and rectify the situation immediately.
BTW, I happen to know that you were intentionally lied to by this seller. This person tried to pawn off these headers as DC to several of our other club members and they told him that they weren't DC headers (thinking he just didn't know the difference). He knew before he ever sold them to you what brand they were (again because he was told), but instead he chose to intentionally rip you off.
Hopefully they'll think about their situation and rectify the situation immediately.
BTW, I happen to know that you were intentionally lied to by this seller. This person tried to pawn off these headers as DC to several of our other club members and they told him that they weren't DC headers (thinking he just didn't know the difference). He knew before he ever sold them to you what brand they were (again because he was told), but instead he chose to intentionally rip you off.
Charter Member Florida G35 Club
Joined: Dec 2004
Posts: 566
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From: Miami, FL
wow, this is amazing... i don't understand why people pull stupid $hit like this... specially in a car enthusiast forum, who sooner or later someone is bound to uncover thier lie... thats low... imo
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Joined: Feb 2004
Posts: 8,269
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The situation is being handled by the admins at the present time. G35driver.com has a policy where they ban people who violate forum rules. Ripping people off qualifies for being banned, and being banned from driver is reason enough (with BOD approval) from being dismissed from the FGC. 
Hopefully the right thing will be done. It would be nice to find out that this was just a big 'misunderstanding'.
Hopefully the right thing will be done. It would be nice to find out that this was just a big 'misunderstanding'.
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