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Small Claims Demand Letter for Auto Repair claim (COURTS, LAWYERS & LITIGATION)

Tue, 27 Jul 2004 10:38:00 GMT

What is the name of your state? Massachusetts
Hi,
I'm in the process of sending a demand letter for payment for damages for car repair work that I do not think I am responsible for.
I've already spoken to the merchant, and he would not give me my money back, but he was going to send me a 10% rebate check for the repair work I already had done. If this check ever arrives, can I cash this check and still go ahead with the lawsuit without having that mean that I have completely settled?
Here is what I am thinking about adding to the demand letter:
"On 7/19/04, I spoke to Don, the Sales Manager at your dealership, regarding this matter. I demanded relief in the form of payment for damages in accordance with the dollar amount specified as the demand for relief in this letter. He rejected my demand, and stated that he would send me in the mail a 10% rebate check for the services that I had purchased on 7/17/04. This 10% rebate check did not constitute a settlement on 7/19/04, and it does not constitute a settlement now. The 10% rebate check was never sent to me. However, should this check be forthcoming, the dollar amount of the check will be subtracted from the dollar amount specified as the demand for relief in this letter, and this newly calculated dollar amount will represent an adjusted demand for relief going forward."
Does anyone know if this covers me legally?

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  • Tue, 27 Jul 2004 14:33:00 GMT(1)
  • I'm in the process of sending a demand letter for payment for damages for car repair work that I do not think I am responsible for. [ quote by orig. poster ]
    You do not make this issue clear, however from your writing you have apparently paid an amount for repairs. Now you are disputing the amount after the fact .
    Write your demand letter of the amount you believe is not your responsibility.
    If you receive a "rebate check" in the meantime do not cash it .
    Usually small claims are heard with 1 month of filing , and the rebate check should still be good. Take it with you to court to state what the amount is, and what the balance is you believe your owed.( with proof of course ).
  • Tue, 27 Jul 2004 15:04:00 GMT(2)
  • "If this check ever arrives, can I cash this check and still go ahead with the lawsuit without having that mean that I have completely settled?"
    * That will depend on what, if any, releases the dealer puts on the check.
    "Does anyone know if this covers me legally?"
    * It might... but why do it? I see NO positive and several negatives.
    Send a 'normal' demand letter detailing the problem, what you are requesting, and give them a specific deadline to comply. Send it be certified RRR. Then, if they don't respond amicably, then go down and file on them. Why play 'games'?
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