Legal Issues

**rangerbay** · 09-28-2017, 08:25 PM

Originally Posted by custmsprty

Offering to help or fix it can be construed as admitting guilt. Just ignore the guy and if he files a case in small claims court go have your day in court.

I would suggest you start doing a pre and post walk around with any customers you take money from for detailing services in the future and have them sign the post walk around when you are done. If you had that this would be a none issue. An ounce of prevention so to speak.

He has already offered to help. He mentioned that in the original post. That offer he needs to stand behind. But, I would not make any more. A judge would probably see that as an obvious first step to resolution. However, the client chose to ignore the offer, and go for the money his wife didn't know he spent, according to the op's post. If he was that concerned about his car, he would probably have accepted the offer. But personally, I would stop any contact or conversations with this guy. If he won a car show after the detail and before the threats, this guy may not have much of a case. I don't think he has a leg to stand on in a court. That's is just my humble opinion!

And yes, a pre and post inspection with the client is a wise move. Always take pictures of the vehicle, or whatever, before and after. Get the signature on paper!

**custmsprty** · 09-28-2017, 08:27 PM

Originally Posted by rangerbay

He has already offered to help. He mentioned that in the original post. That offer he needs to stand behind. But, I would not make any offer beyond standing behind what he originally offered. A judge would probably see that as an obvious first step to resolution. However, he chose to ignore the offer, and go for the money his wife didn't know he spent, according to the op's post. If he was that concerned about his car, he would probably have accepted the offer. But personally, I would stop any contact or conversations with this guy. If he won a car show after the detail and before the threats, this guy is really treading in deep doo-doo. I don't think he has a leg to stand on in a court. That's is just my humble opinion!

I know that I was just reiterating it so as not to offer it again. And he has absolutley no legal obligation to stand behind the offer since he did not do the damage to the vehicle.

**Compulsive Detail** · 09-28-2017, 08:45 PM

Thanks guys for all the help! I intend to be more active around this forum but i tend to be busier then most i'm a one man show!!!!

**rangerbay** · 09-28-2017, 09:02 PM

Originally Posted by custmsprty

I know that I was just reiterating it so as not to offer it again. And he has absolutley no legal obligation to stand behind the offer since he did not do the damage to the vehicle.

I agree 100%. I hope compulsive detail does not get discouraged from this, it's just part of doing business. Pictures and signatures, CD!

**DETAILROOKIE** · 09-28-2017, 09:25 PM

I just asked my wife, an attorney, and she said the guy has to prove that you did cause the damage, but since he took it to a show and did not mention it when he picked up the car, he is screwed. She says there is nothing to worry about since his job is way harder than yours. It will be pretty hard to prove that you did do it since he's had it for days after the actual work was done.

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**custmsprty** · 09-28-2017, 09:26 PM

Originally Posted by DETAILROOKIE

I just asked my wife, an attorney, and she said the guy has to prove that you did cause the damage, but since he took it to a show and did not mention it when he picked up the car, he is screwed. She says there is nothing to worry about since his job is way harder than yours. It will be pretty hard to prove that you did do it since he's had it for days after the actual work was done.

Sent from my SAMSUNG-SM-G935A using Autogeekonline mobile app

Exactly, burden of proof is on him.

**Compulsive Detail** · 09-28-2017, 09:30 PM

I'm not discouraged i work on 100k+ cars every day no issues he wanted to pay cash. There for i didnt provide an invoice or recipt

**Bill1234** · 09-28-2017, 10:30 PM

Have legal intern experience but no lawyer. As said above, its basically burden of proof being in his court. He has no receipt or record of you actually scratching the car. Do not contact him more

**Don M** · 09-29-2017, 11:20 AM

< --- Not a lawyer, but a 26 year LEO veteran

As you are in Ohio, there is no law stating that BOTH parties must be aware that a conversation is being recorded. As long as one of the two persons on the telephone are doing the recording OR one of the two parties is aware a third party is recording the conversation it is legal in court.

That being said: as others have stated, do not contact him for any reason, let him contact you and record/keep everything. Personally, I would take what you already have to my own lawyer and say that this guy is trying to blackmail me - which is what he is doing.

**Calendyr** · 09-29-2017, 09:33 PM

Sorry to read about your situation.

I only had something like this happen to me once since I started in 2013. The guy called me the day after the detail and told me I ripped off a part of his Paint Protection Film on the door. I explained to him that was impossible since I did not work on the PPF at all. He continued to argue it was fine before the detail and now it wasn't on the car anymore. The PPF in question was black covering a chrome part. After looking at the before and after pictures, it wasn't on the car before I started the detail. So I sent him the pictures as proof. His reaction was: "Why did you take pictures?" Right there I knew he was trying to scam me! He then said his wife confirmed it was missing before the detail... he got caught in a lie and found a honorable way out. Thank god for pictures!

In your case, I would too go to court. There is no way he can prove you damaged the car when he let 4 to 6 days pass before contacting you. For all you know, a kid could have damaged the car while playing. I would not worry too much about this. As for putting pictures of his car on your site without permission, I really doubt there is a law against that. I know that here in Quebec, you need permission to film or photograph someone unless it is in a public area. Laws vary from plate to place but that is probably the same where you live. As for objects like a car, I can't see how there could be a law against that if the owner cannot be identified from the picture (so no address, name, or license plate). But you could verify with a lawyer about the laws where you live.