Small claims courts and Damages actual losses for loss of use?

[WJVanlaw]

Jurisdiction

Georgia

I paid an auto repair shop for engine repairs and drove out of their lot. I thought it needed warming up as it kinda jerked and bumbled up the highway. It didn't warm up. I barely made it back to that shop and they expressed amazement and would recheck their work.
The next week I went for it and it was unrepaired. They said they rechecked their labor and the part I requested be replaced had been installed correctly. Also, I must have some other internal engine damage caused at the same time by the original failure.

It turns out they botched the repair job and they lied about double checking their work. They refuse to accept other advice of their failure.
Their mistake is now exposed and being corrected but I'll have to sue them for a refund. Their work and lie caused me loss of use and untold expense to repair and drive my old gas hog - not to mention it had no heat or AC. I want to get damages. How do you put a price on my suffering and inconvenience? Can a small claims court award a reasonable payment for bad faith practices of the offensive service shop?

 

[army judge]

Small claims court can ONLY award actual damages, assuming you prevail.

If you want to sue for "pain & suffering", you must do so in a higher court, in Texas for example, that would mean county court.

In GA, I'm sure you have something similar.

In your situation, all you can sue for and expect to collect anything on is what this cost you out of pocket.

If you had to pay another garage to repair the alleged error the first garage committed say $3,000, that's all a small claims court can award you, assuming you prevail.

Plus, you'd have to subpoena a certified mechanic to testify in court as to what he or she alleges the first garage failed to do, or did incorrectly.

The defendant will be able to cross examine your expert witness and bring their expert witness to try and cancel out what yours may have said.

In the end, its up to the judge.

The battle won't end if you prevail, because you then get to try and find out HOW to collect your judgment.

That's where you meet more frustration and disappointment, as fewer than 5% of successful small claims litigants ever see a dollar of their judgment.

 

[WJVanlaw]

The process to seek relief in the Small Claims Court is mostly understood but, for the Court to be without Equity is not.