I got SUED
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- Опубликовано: 27 янв 2024
- In life, the only guarantees are death, and taxes. And if you own a business, you are guaranteed to get sued. My time has finally come and I was sued in small claims court. I frankly think it was a frivolous lawsuit as the credit card company had already reversed the charge back but alas, you can't stop stupid. Here's my story and how much it ended up costing me.
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It’s an indication of the breakdown of our society. The plaintiff was awarded cash eventhough he was not entitled to it. The case load on the judges is so high, they are settling on making quick, unjust decisions. And because this guy got cash, it incentivises people like this to do this even more, which just increases the case load on the overworked judges. It’s a downward cycle. And what is worse, attorneys know this, so they encourage people to do this because the odds are they will successfully get away with something. Either way, the attorneys make money giving out the advice.
The same thing is happening in the family court sytems. It is really sad what’s happening. Laws exist in the books which give you the impression of order in society. Once you realize what really happens, you realize that the written laws are just there to give you a false sense of security.
You did everything right to cover yourself, you abided by the law, and you still got screwed. Welcome to present day murica.
100%. Sadly. :(
Well said spot on
DEMOCRATS !
@@aakroyd , how so? Care to elaborate.
@@heiner71 uh oh struck a nerve
Contracts don't matter in America, it's all about the judges feelings. I have lost a very large 6 figure amount in attorney fees throughout a couple dozen lawsuits in NV and CA to learn the lesson because my pride and feeling of justice took the better part of me. Lost millions in the process! What you went through is called extortion. I still have PTSD from all the abuse of the "Justice" system. I learnt to separate and shield my businesses. I have never been able to collect from the few judgments I got and now, no one can collect if they win against me either.
Yup exactly. It's all emotion and not fact or law
Bolsheviks have been charge for the last century which is why the steady erosion of property rights beginning with self-ownership. If you don't own yourself all other ownership is an illusion. Strong contract law is obviously a cornerstone of property rights, the free market and civilization itself.
You are down by $1000 and not $5000. In a weeks time, it will be a distant memory. Avoid buisness with Special K . You should state his name; protect other businesses from him.
I wanted to but considering he's clearly litigious, but I figured doxxing him would be too much risk. Even though it's all public record now.
@@normalguysupercarif it’s public record then it’s not really doxxing him if you just say his name definitely don’t put his address out there
@@normalguysupercarnot saying anything publicly is the best course of action. Word will get around in the community eventually, and the hit to his reputation in the Austin Ferrari community will not be worth the $1000 that he got from you.
I’m sure someone on here is good at digging this stuff up. Or maybe even works in the courts. It’ll surface sooner or later
He can't state his name in a video because that will give him leverage to sue again for defamation.
America is a crazy litigious society. Lawsuits are out of control.
Judges can’t handle anything complicated.
I agree
Me, too. But not sure if the other way round is better: in Switzerland as consumer you're the loser in most cases. Let's say your terms were unfair and you know it. Still as a business owner you'd hire a company to invoice Mr. K. They have super specialized processes and lawyers doing that day by day, it cost you maybe 100 bugs (just a lump sum or percentage - easy money for them, just sent a letter, and they know likelihood of a court case is minimal with their logo on the letter) whereas Mr K would have spent 1000s of dollars. @@normalguysupercar
And corporations are all too willing to "settle" just to make people go away.
I had a similar thing happen, an account was suing me for money I didn’t pay him, i didn’t pay him because he didn’t prepare my taxes like he was supposed to. The judge said to me, you used him before and you were happy with his service so you need to pay up now. He completely disregarded the fact the accountant didn’t do the job this time and I lost the case despite my new accountant being there with me with everything that showed old accountant didn’t do the job. What I discovered is that in small claims court the judges will take the easiest most expedient way to settle a case so they can get to the next one.
You need to look at the criminal side. Cops will arrest you with bogus charges and the DA will prosecute you.
But, if you fight back legally, the DA will eventually drop the charges. It is a never ending grab for money.
Oh, if you dare to tell the public what a dirty cop/DA/judge did to you....people will applaud the broken system and say you deserved it. It's like the public has internalized the commands of their oppressors.
When you talked about the fake old person confusion, I had to laugh. Was once a small business owner (computer repair) and an old lady hit my partners parked car right in front of the store. So like any good nerds, we had copious camera angles on the store outside. She looked at his car, her car, and did the old look left and right to see who noticed and then went to the old lady hair salon. We called the cops and suddenly she cant move her neck, doesn't know about it, doesn't know where she is, and they treat her like gold. Cops help load her car with a bag, blah blah. BURNED US UP. To make it worse the old lady shot us a wink as she pulled out. We got her insurance but she got no ticket. Take a 1000 lesson and make people type "I am not confused" when they checkout or something lol.
I love that idea
People suck. Especially the special K type. Someone with money, who refuses to ever take responsibility for anything in life.
I’ve been in a similar situation with a customer many years ago, and let emotions get the best of me. Ended up dragging on for over 2 years, and a boat load of cash. I won in the end and never got a cent
Yeah, I'm trying to step out of my emotions and look at it purely from a business perspective. Emotionally I want to go send a message but I know that's not logical.
@@normalguysupercar Indeed. It’s really tough to not let emotions win in situations like this.
At the end of the day it’s only $1,000 and hopefully that loser sees this video. Granted, he’s probably a narcissist and it wouldn’t effect him slightly ha
I’ve been to small claims 3 times and every time the judge awarded me 1/2 of what I was seeking, I have since learned that I just don’t extend credit to any of my customers. They pay for the month of service and if I don’t get paid, their service is suspended until payment is received.
Yeah, I think that's a solid strategy.
A local shop broke my phone when repairing it. The battery they installed fried the phone. I sued in small claims court. The judge told me “everyone know that you should only take your phone to Apple for repair.” I lost the case. The judge didn’t even listen to my side. The defendant didn’t even show up. I’d been to small claims 50x for work as a claims adjuster and won 95 percent of the time. I was surprised at this outcome.
The problem is, unless you take cash only, that's not really going to help. Even if you've got payment in your pocket, any credit card or bank/debit card can charge you back.
Man that sucks big time $1000 isn't that much but its the principle. Too bad you can't blacklist a guy like that.
Yeah, for $1k it's not a big deal but it's supremely frustrating.
You should have used his name. Or better you should get a restraining order against him so he can’t go to any events that you’re involved with. 😅
One lesson learned here is that unfortunately, you have to bake court fees and other "customer expenses" into your product/service cost. I learned this lesson myself. It's sad to pass the cost of these people onto the consumer, but to stay in business you have to.
Unfortunately yes
I had a situation where I had to take a Mercedes dealership to court for a non payment of an invoice in the small claims court in the UK. They blamed their salesman for agreeing the deal with my customer but we had everything of the agreement in writing over emails yet they wouldn’t pay. I won by default at the first hearing then they still didn’t pay so I sent in bailiffs which again adds to my costs, they then hired lawyers & we went to court. I represented myself as in the UK you cannot claim lawyer costs back but to say it was a stressful period is a massive understatement like you I couldn’t sleep & the court case was my focus for several months. I won the case but to stand up in court & go against a big company with lawyers in attendance was frightening but I was proud of my performance & I knew & had proof I was in the right but my conclusion to it all would be it would have to be a lot of money for me to put myself through that ever again. The flip side of that of course is some people play on knowing that & take advantage, I hate losing at anything but sometimes you just have to swallow it & move on.
Yeah the stress and lost sleep were surprising to me.
I share your frustration -- legal issues are the only part of running my business that truly frustrate me (even worse than doing taxes). I have accepted that it is a cost of doing business but it sucks. Sadly there are a lot of people out there who abuse the legal system, waste everyone's time, and then win.
Yes exactly!
That's B.S. Dan, all events in the FOC & FCA are none refundable. Before we start a drive, we all sign a waiver right there in the parking lot, that the organizer can not be held responcsible for any damages. In the future he will want to attend other events. I would put the word out that, Special-K has burned his bridge literally, so for upcoming events, he has to sign & acknowledge a Special-K waiver, (pardon the pun), that he will not seek damages or lawsuits. If he owns a Ferrari, he should be able to afford 2600 bucks, but he's the type of person that likes sticking it to someone else.
Pretty much
Good for you for not taking it and fighting all the way through.
Thank you
This was very informative, super appreciate this as a former business owner I narrowly avoided something similar
Great to hear!
Sorry for that, Dan - be a stoic, forget about it, move ahead and concentrate on your running business and your highly informative RUclips vids. As a F430 Spider owner I appreciate your channel very much and wish you further success.
Thank you and yes, that's the plan
I love your channel and I appreciate your honesty. I wish you had thought about this more before you went down this road, all the emotion all the time and all the energy plus now posting this it’s basically negative publicity - just let it go and move on. There’s just nothing good comes from this and it’s not worth your time or effort to even think about it one more second. You have an awesome business, move on with that, and grow and celebrate supercars. Hope this helps, and you can find peace to move on!
Actually, I found making the video made me feel much better.
@@normalguysupercar I’m glad that helped you feel better and I really appreciate your channel. I’ve got eight cars in the garage right now otherwise I’d probably contact you for another… Hope to do business in the future. If I’m in Austin, I’ll look you up!
2 years in business now.. I feel your pain.. I appreciate you sharing your story and insight!
You bet.
This judge sounds like one of those who return the criminals back on the streets to continue to steal and rob.
Possibly
Ah, that’s frustrating! Sorry to hear it bro. Once you actually get involved with anything legal and the courts, you realize what a shit show it is. The truth matters not, only what you can convince a judge of…and they’re not always our best and brightest..
For sure
Lesson learned: Now that you have a focused business (selling cars, selling car parts) no need to lend out your brand to un-established tours or other new businesses. You got on the hook as soon as you did the CC processing. Thats the lesson learned.
Exactly. Also we don't work with 3rd parties anymore
Exactly. Don't go into contracts or projects with someone if you have no idea who he is or what he's actually accomplished. Some random dude contacts you with a harebrained scheme? Forget it.
@@superbird2814Some goofy character in our industry wanted me to do the construction while he did the maintenance and service. Now I have the Holy Spirit Gift of Suspicion, and envisioned he-said-she-said arguments and inequitable share of payments, and refused the offer!
Bro. I haven’t been on here in like, maybe 5 years? Your channel used to be at like 1.2k subs and now you’re almost at 90k?! Congrats dude! I know you’re out 1000 bucks, but look how far you’ve come in such a short amount of time. Well done.
Thank you very much!
Hi Dan - sorry to hear that - and yes, it is indeed super stressful ! I think that's the worst thing actually, not the money.
that's the bit that you Cant get compensated for either. I have had 3 run-ins, all very much as you described - and all anyone can say is "its not personal, its just business" - and that is a genuine truism - that you just have to take it on the chin.
You can console yourself that for $1000 he's going to be pretty pissed as well.
We make specialist paint - had maybe a dozen charge back applications, but (touch wood) we won every one so far.
Our small claims, which we lost, was just for a brand new business camera which did not work !
How can we lose that ??
Console yourself - get drunk - you'll get over it - just like me.
LOL 1 step ahead of you. :)
Thank you for sharing this Dan! What a pain in the ass and what a loss of time money aside…
Yeah
I feel your pain! I had a rental property that was lived in by my restaurant employee at half market value. The house caught fire do to the tenants extension cord for a window ac. He sued me for having an unsafe house. Surprisingly he found a lawyer willing to file the suit. knowing its better to settle vs paying lawyers, i paid for 1 yrs of rent for him and right after that he claimed a workers comp case on my restaurant...my workers comp insurance of course just settles and he gets another easy $10k. To make it worse, i found out after the fact that he was illegal and using someone elses social number. I had to deal with him for another year at my business until he left on his own because i didnt want another lawsuit for wrongful termination. Its the cost of doing business. But fuq dis system
Good Lord what a terrible person you had to deal with
You make a great point !! Thank you
My pleasure!
I’ve dealt with a similar case of a 100k charge back on a pre-runner build in Cali. I hired a lawyer and presented all my evidence and won. It was stressful and awful and decided not no longer accept credit cards due to the incident. There are too many dishonest people in our car community that take the fun out of what we do. I’m sorry you had to go through this. 1000.00 or 10.00, the headache and stress you had to go through is worth far more. Shame on that guy and the tour master.
Yeah we won't take cc for certain purchases now because of this.
My father always warned me about court, and the lawyers being the only ones who ever won. I was still surprised going in at just HOW unjust the system clearly was. As a landlord, I never expect a favor from anyone, I expect to be considered a villain but I had to evict 3 times the same tenant who never paid the rent, never paid the town to collect garbage so it piled up in the back yard enough for the house to eventually be condemned. (which she continued to live in despite the town posting no entry). Eventually doing over 50K in damages and we ended up removing approx. 15 tons of garbage from the house, and exterminating hundreds if not thousands of rats living in and on the property, because a judge allowed her to continue to live there for 18 months. When the cops responded the house last, they called animal control due to animal abuse, DCF because of the conditions of the house, and the state never took her kids, or the animals and allowed her to continue living there. All of this was easily provable with just exterior photos of the property and the rent log, there was no "evidence" supporting her side of the story which was basically "I'm working on doing better" and she was consistently allowed to abuse everyone around. We'll see breakeven on that property now likely in another decade. Thanks Massachusetts.
Oh man I don't envy your situation. That's exactly why I didn't want to invest in rental properties.
100% agree with the unfortunate lawsuits of running a business. The more people you deal with, the chance of an disagreement will simply happen. Thanks Dan for sharing.
You bet
I know this is the internet and I don't know you personally NSG, but I just get a good vibe from what I see in your videos and you seem to be an honest stand-up guy. All the best in the future.
Thank you. I can't act so what you see in the videos is pretty much as is in person.
Thank you for the years and effort you have contributed to the F car community. I frequently reference your channel for tech and light humor. This content although sad needed to be presented. As a small business owner I thank you for bringing this forward.
I appreciate this comment more than you realize. THANK YOU.
We have magistrates up here that take care of the small court interactions. Judges are usually for more serious cases.
Considering the outcome, you came out pretty good at the end. I'm not sure about hiring a lawyer because if they don't take it as serious as you, that could get you a worse verdict.
When all else fails, poke yourself in the eye, pretend cry, and bring your own box of tissues. It also works when pulled over by a cop according to my sister.😢😮
Haha I'll cut some onions next time
Your are one of the most honest people I know
Thanks
I feel ya, I have hosted Auto events and it rained out and I lost money hosting the event, people no showed, but anybody who was concerned about a refund, got it. as it was not worth, one of the partners said to me it is a small community and not worth someone spreading any negativity. If I do something and your not happy, I don't want your money. In the scope of car expenses they are small. Your issue, seemed to stem from partnering up with a stranger and not getting paid enough to deal with that. It is clear you had all positive intentions but you tried a little too hard by offering a service as a favor and that favor has been punished. Love the channel, keep up the quality. By the time the car warms up you will have forgotten about this drama. Aloha
Yup I'm paying the price for being nice to the tourmaster
The stack of e-mails and the judges response reminds me of "Alice's Restaurant" and the 27 eight-by-ten color glossy photos with the circles and arrows on the back.
Yeah
You handled the situation perfectly. Although you shouldn't have lost anything, its not worth the headache pursing this any further.
Yup thank you
The reality is that we as business owners will get sued. It’s an indication of society unfortunately. In a lot of cases, people sue with the belief that as a business owner, you will make the judgement call to settle quickly so your reputation is not damaged. More important;y it takes up valuable headspace needed for more important decisions. You’re through it. It’s an opportunity to review all your T&C for the future. Love your work! Australia loves seeing your content.
Yup I'm going to review all the t&c with a new lawyer.
As a business owner I can say that has to be so frustrating to deal with that nonsense.
Yup it is
Usually in order to come close to getting a fair shot in small claims court, you have to request that your case is tried 'By the Court'. This means that the actual judge will hear your case. Otherwise your case is heard by a referee. These referees are usually lawyers that can't get a job in real law firms and they wind up doing small claims and working for the government. In some jurisdictions, like NYC they also do traffic court, which is a nightmare. Anyway glad it turned out ok for you. I learned a long time ago never to co-sign on a loan or let anyone use your name. This might be extreme but a human is the only animal that will come at you smiling and then stab you in the back.
Yeah good tip
The crappy part is that experiences like this harden you as a person from other people who might be genuine. I also own a business and have refunded money to clients because of threats of lawsuits (that they had NO basis for) just so that we didn't have to pay more to our attorney. The last instance our attorney flat out told us to pay off this person because she said that it'll cost more to pay her(the attorney) than what it would cost to settle with this client even though she said we would 100% win in court. The courts definitely do not side with business...
Yes exactly
Keep on doing the Right Thing - you will ALWAYS win in the end
I hope so lol
Such a well told story, sorry you got screwed Dan.
Thanks.
I’m so sorry you went through this Dan. Forgive the guy, he apparently has a very sad life.
Indeed
Very frustrating, sorry to hear this. It sounds unfair, but when you look back you will realize that it isn’t so bad. You could be sued for $50,000 and you can lose in a heartbeat, even though in your mind you did everything right. Then add lawyer fees, and impacts to your business and insurance. The adjudication was probably fair under the circumstances - they split the difference.
The takeaway is to *always* have very tight contracts written by an experienced lawyer. Then, the most important thing is that you must document and retain everything. When you go to court the only thing you have is what is clearly documented about the case (all the email documentation is how K got the $1,000). Also always be very careful, and clear, about what you say in your business email as it is all discoverable. Never communicate complaints to others, even advisors, or family members, via email as they will be subpoenaed. Instead, use the telephone or in person for sensitive matters, and write every email as if it is going to be read out in court.
Stay strong Dan and Josh, you guys are doing a great job.
Thank you
Wow, someone who owns a Ferrari can't afford being out $2600. Sounds like he can't afford his supercar.
Right?
People usually can’t afford the things they want.
Its the principles and the broken system thats important here
Not necessarily. Some of the richest people I know are also pretty cheap. They are tight with their money except for things they want. I've seen multimillionaires negotiate with coupons for things that cost $20 or less. Being cheap is a common trait for a lot of self made millionaires or "working" millionaires. Especially for those who think they are right about something.
That’s a Dick comment. Who cares what he owns.
Dan, everything you said is so on point. But the court system is never in your fever by the little minute that you were given a chance to rebuttal your argument. The gentleman didn't like the credit card person not fully going in his fever. So he was willing to shank you. Also sounds like he's done this before. Some people like chaos in there life.
Yeah, he's just one of those litigious people that are entitled.
@@normalguysupercarDoes you state have a provision called similar to "Vexatious Litigator" ?
If so, and someone can get this, person,.. labled as such, the courts will weigh that against any future shennanigans like this.
About the GoPro, remove the battery and run it on external power. That will stop the overheating shut downs.
That's not possible in most cases for my usage
I feel for you dan. I've owned a business for 17 years and have been sued four times. Won two cases, sSpit one settlement and settled one suit with an arbitrator. Not fun. Thanks for sharing your experience
Indeed and sorry to hear about that
I knew where this was going as soon as you said you had the CC processing. The mistake is to take money for something that you’re not actually in control of.
Yeah
Sounds like a shitty situation to go through. It's always the normal guy that gets 💩on and the crazy people strut away smiling.
Yes
It’s a lesson learned Dan but things could be much worst. I have a close friend who’s a great husband and man - he’s a dentist and was sued by a stripper who has been hustling people her whole life - she dragged him and his family through the mud by saying he touched her inappropriately. After his malpractice paid her- apparently she told her friend she set him up but damage was done. Life is not fair. $1000 isn’t bad, lesson learned. Could have been worst.
Yes indeed
Dan do you think you can countersue special k? Or is it not worth the effort
Yes. But it's complicated.
The 3rd party guy didn't do you any favors by failing to give you the heads up on the trouble SK was brewing. That phone-directory stack of emails shows a substantial passage of time in which you were in the dark. SK had time on his side. I can't think of anything you could've done to prevent this surprise attack. I'm sorry that your goodwill and honesty was exploited. So, yeah, if you own a business you'll get sued, so the goal is to make it infrequent. I've learned so much from your channel and not just about super cars! Thank you for being just nice, normal Dan.
Yeah there's a reason I don't want to do any business with the 3rd party anymore
Hire a lawyer and sue him back. Sometime is more about the principle
It's really not worth it at this point.
That's really frustrating. It may not be worth it to sue the guy back for a grand but it might pay off long term by demonstrating to others that there's no point in trying to screw you... Then again, I don't think I would be too motivated to do it, either.
Special K is a pro. How do you think he got the Ferrari. Bummer Dan. The legal system is broken.
You are 100% correct!!!!
Indeed
Sorry to hear what you went through. I worked on airplanes for over forty years. I had some similar law suits. People are horrible liars. One we fixed his plane after a student crashed nose first into a runway. He was ok. We fixed, replaced the firewall and structure, propeller replaced, nose strut replaced, nose wheel assembly, engine sent out for inspection, wing repaired all kinds of parts. We lost our butt on it. The suit premiss was they said they lost income due to the down time. It was rediculous we had to pay this person for the down time of the plane. Totally insane court system. Another crook sued us after approving all kinds of repairs quoted time and parts that were required to bring the plane up to airworthiness. We fixed the plane, made it airworthy, then the owner paid. Thought everything was good with the customer. Then we get a letter saying we were being sued. Long story short we lost for making this persons plane airworthy. He got away with such a theft it almost put us under. Got to the point we would have to look at customers very carefully before we would even touch or agree to fix their planes. It got to be, the bigger the big shot thought they were was a good tip off to not help them no matter what.
Yeah
Bummer, sorry you dealt with that.
Thank you
I think in the future Dan, you need to vet these people if there is any risk of a refund etc. ; ask other owners "is this guy ok" and if no one knows them, beware!!! Also, even explicitly tell the person and have them physically sign a document stating there is no refund and have them mail a hard copy to you. Time consuming , I know, but it serves to put the ((*&&^^%% holes on notice that a document exists and just may deter them from calling the lawyer friends for help (at no expense).
You did the right thing Dan, You would have had a better time in SC's court with an Attorney and most likely would have "won", but it would have cost you 10K + !!!!
And put the "word" out to your trusted friends about this wall crawler.
For the tour of Colorado I talk to every participant on the phone first but, now everyone will have to sign in ink a waiver.
I once had an odd hearing via telephone. I had one minute to state my case and the "judge" kept interrupting me so that I probably really had fifteen seconds to state my case.
Yeah that's kinda how it felt
Hope all is well.
Thanks
OMG! That is terrible! Sorry you had to experience that. Another example of no good deed goes unpunished! Hang in there Dan!
Thanks!
Hate people who take advantage of nice people! Sorry you had to go through this crap! Hope you don't have to deal with this crap from people like this! Keep up the great Vlog!
Thank you
Yeah similar thing happened to, in the small claims court in Chandler, Arizona, they didn’t accept the evidence of a signed contract between us with terms and awarded compensation. I was spitting feathers on the way out. Like your experience they lied but I can’t to this day understand how a contract can be put to the side? The judge even asked him why did you sign this contract? Then proceeded to ignore it in his ruling. FUBAR basically…
That's insane. Why do we even have contracts then?
I've had a similar experience over rent deposit and owed rent in Texas. Small claims judge said I didn't put my request in writing so I wasn't entitled to my deposit back. Uhhh, a small claims suit is in writing as far as I'm concerned. It wouldn't have went before the judge if a) landlord paid what I requested and b) landlord hadn't contacted my employer trying to make trouble for me like some sort of low life drama queen. I woulda just forgot about the money cuz I didn't care about.
Re: Special K, what a piece of work. Ferrari people down there in Austin MUST know who this person is so word will get around how petty they are. I mean, owns a NEW Ferrari but is worried about $2600 when they clearly know the terms up front? L-O-S-E-R!
Yeah word will get around
What was the refund process? You took it off your website before the event started? I wouldve got sketched out and took it out of my plans too.
He was aware of the name change prior
Do what i did when i got a court fine of £286 in 1983 (in the 🇬🇧)
I had 2 weeks to pay, so arranged with my bank to get £286 in 1p peices.
Went to the payment centre with a trolley full of sealed money bags (sealed and signed by the bank teller).
Handed them over and then discovered they didnt have the ability to weigh money/ didnt trust the sealed ,signed bags and had to count every single 1p peice😮
I had booked a day off work on holiday,so i was on wages.
So i sat and waited while 3 people counted out the pennies and finally got to the figure of £286 and have my a receipt.
They did not seem very happy.
It was totally my fault i got a £286 fine (more than a weeks wages ) but it was a pleasure to pay it.
I contemplated paying in pennies.
Sorry to hear that from watching your videos you seem to be an awesome fare guy
I appreciate that
Integrity Integrity integrity !!!!!!!!! Good to see you have it and unfortunately other people don't . If and when I could afford a super car (currently in a Porsche 964) I would look for a dealership like your that stands behind their vehicle . As far as special K goes well karma will catch up with him.
Thank you
Could you tell us where to find this public record please?
I'd rather not say at this time.
You are always going to have people like Special K, I’ve unfortunately had to deal with more then 1 like him. But after a while you start to get a feeling for folks like that and sometimes can just avoid doing business for or with them.
I know it sucks, but like you said you learned something and will do your best to avoid it in the future. Best of luck.
Yeah I've definitely "fired" customers before that I didn't feel comfortable doing business with
As a business owner you definitely learn that everyday people are trying to take advantages of you and a lot of the time it's cheaper to settle even if you are 100% right. I've been there and had to bite the bullet. The other thing to consider is in small claims court the bar is significantly lower and the judge is given far more leeway to do whatever he wants even though they are supposed to stay within the 4 corners of the contract you also need to consider that those judges run for that position and are voyed in, and if they do anything that pisses off the public they will be out of a job shortly so it is extremely biased and they dont follow the letter of the law or contract
Exactly this
I've run two business in my life and one thing I had to learn is that you just can't do anyone any "favors" when it involves money.
Amen. Lesson learned there
I'm reminded of a term I first heard in the hit movie "Caddyshack II". What a fonzanoon.
Lol
Sad to hear that mate, Karma will get him.
Maybe so
Been there done that. My father once said if your successful you will be sued!!
Yup
The old adage is true “No good deed goes unpunished”
Very true
Did you attend the event? Was the expectation that you were going to be there? If the event had your name on it when you sold it and you didn’t attend then I can see someone thinking the event that they signed up for didn’t take place. Can you split the 1000 with the tour master?
I asked the tour master to do exactly that and he refused.
I went through a Divorce years ago. I also hate Lawyers. It's painful. Your situation is less painful then a divorce, but damn it's hard not to get emotional about it even something as relatively small as what you experienced. Not trying to minimize what you went through by saying all this. But, your right when you mention 1,000 as a learning lesson isn't the end of the world.
Oh yeah it's nothing compared to a divorce. That's not minimizing this at all.
Sorry this happened but you are right, own a business you will be sued. I have avoided it so far after 15yrs but I am sure it will. The number 1 problem is lawyers suck the life out of everyone. Mine does just to keep me from getting sued. They are all buddies and love making everyone pay.
Yeah
Until you’ve been sued you really can’t grasp how much it affects your mindset and sleep. Like anything it gets easier each time but never easy.
Yup that is something I did not anticipate
@@normalguysupercar It’s like swimming in the ocean and getting bitten by shark, it’s not personal. Just bad luck that you crossed paths. I try to tell myself as a I lay in bed at night.
In my state you cannot have a lawyer represent you in court. The lawyer cannot file anything for you. The lawyer can only give you advice before a court date or after a court day. The max amount is for a case is $10,000 and if it is a business the max amount is $5000. As a defendant you can appeal 30 days from the verdict. This is why the states have small claims to make it easier for disputes like this to be heard in a timely manner and it does not take up much of the courts time. I recommend you appeal and ask for an in person court appeal. The judge or commissioner hearing your case will always be introduced before a case is heard. It is always best to have the case heard in the court building vs a court video hearing.
Well about that....
Having a return fee tends to help in these situations where events cost $1k or more. Also, having a cancellation date specified makes people know that past that date, funds are consumed to fund the event, and only a small percentage of the final cost will be refunded. I think that's the idea the judge had.
Perhaps so
You do looked stressed Dan..........take it easy bro, stress is dangerous....peace
Eh honestly I'm feeling pretty darn good now. I was frustrated while filming this though
Business owners try to use wording in contracts to protect them from losing money but the consumer has no protection from losing there money except for lawsuits
Ok
That sucks Dan!! Your frustration popped of my iPhone….Over here you get represented by an attorney by default. This to prevent reluctance to address injustice (such as your case) due to the rediculous attorney costs…just dust it off and move on, summer is coming!!!
Yes indeed
That sucks man! I've been on a few tours with likely the same group here in the Austin area and have likely crossed paths with special K. The most mind blowing thing is how much time has to waste on this. I guess he has nothing else going on. He sounds like the vindictive type that would be running an HOA.
Lol probably
My business got sued for a lot of money. The crazy lady claimed that all the stuff one of my engineers designs for me she owns. The other things that is odd is she lived in CA, and my company is based in MD so naturally she sued me in MI and MI agreed they had jurisdiction. That was nuts in itself. The whole case was completely baseless, and she submitted a bunch of fraudulent documents that I proved were fraudulent.
She racked up one hell of a lawyer bill coming after me. They have some kind of panel that reviews business cases for the courts in MI and they suggest a $3000 settlement. I agreed to that very fast and wrote the check made out to her and her lawyer.
Well, she had a complete meltdown and took off. She never paid her lawyer and would never respond to her own lawyer. The lawyer went to the judge and asked that the check be reissued in his name only so he could apply it to her bill. The judge asked me if that would be OK. No, sorry, I have complied with the agreement 100% and the matter is closed and dismissed with prejudice. So, she got nothing but a lawyer bill she has never paid and there is some stale check out there that cannot be cashed.
I guess I came out OK for some guy that just makes go fast parts.
Ugh yeah some people are just nuts
Thanks!
Oh wow thank you. That is very kind of you.
I’ve actually been in touch with the tour master being interested in some of the drives. This is coincidentally interesting to me.
Well he screwed me pretty good so I don't do business with him anymore
That convoluted deal with a "Tour Master" could have only gone one way... You got off cheap.
Yeah lesson learned
You didn't lose money: you paid for an important business course and lesson. That info will take you far in life.
Agreed
Always better to cut your losses early rather than be drawn down a rabbit hole of mounting costs! The emotion is what traps people into costly mistakes which is why divorce lawyers love to prolonged settlements between two angry people! In this case u did the right thing and as a bonus you've got this cheap jackass' number and word will get around, believe me . We know who the real gentleman is in this case, forgit about it for now but keep spreading the word! Bravo.
Thanks!
This absolutely sucks! It just shows that anyone can sue at any time for anything, and that contracts mean nothing nowadays. You're a better man than I am Dan! Time to move on and continue to be awesome.
Yes indeed!
An up and coming band was on tour as the opening act for Van Halen. A member asked David Lee Roth when they would know that they have truly made it to the big time. He replied " When you can spell the word subpoena without thinking about it, that's when you'll know. "
Haha I like that
You struck a nerve with me because I also own a business, and we all basically have a target on our back for people like this plonker Special K. It sucks when you had what appeared to be an open shut case in your favour, but you were 100% right about the courts ALWAYS go for the people. You handled it well Dan. Respect.
Thank you. And love the term plonker
Side note here I run a business and have done so for over 35 years and I have never lost an appeal on a chargeback. I have had full blown scam artists try pulling some inventive scams and still have never lost. That being said, it has taken up to 6 months and even longer on every chargeback to get my money returned to me so in the long run it means every single chargeback is an actual loss for the business because that money does not earn interest and it loses value over time as well as I do not have that money I need in order to keep the business open so that is always a loss. Things I have learned over time is get everything signed, have a terms page that list each and every term separately and have them initial every single term after the term is listed on the form and have every form signed and dated. Have your invoice signed and dated as well when it is written up as well as when the product or service is completed.
That's not always possible on a website unfortunately.
Dan, you’re a sharp guy and you’ll figure out a way to blacklist this guy in the Ferrari community without making yourself susceptible to (a bullshit) slander. Look at it as protecting your fellow business owners from someone who doesn’t honor contracts. I’m sure most local owners watch your vids and know exactly who this guy is by now and hopefully give him the lack of etiquette he deserves at events.
Haha indeed
I hope you had a good attorney represent you. I am so sorry you got sued. I am happy to chat with you if anything comes up to help you see when/if you need to hire someone. You guys were great to me I am happy to help you all back.
I may take you up on that.
Special K is a very specific and popular drug reference...
I'm aware.
I think the most important outcome is. You have no charge back on the credit card that would ruin your reputation going forward.
True
Take it as a compliment. The old geezer only wanted to do the tour if YOUUUUU were there. ❤
Lol