Heya folks. Thought I'd give everyone a little update as to the status of my suit against RK Sport. Paperwork for the claim was submitted a couple of weeks ago and RK Sport was given 10 days to respond. They did not. So, today I made an appointment for what we call a default judgement. Essentially I just go in and present my case to the judge. Since there is no opposing argument my testimony is taken as fact (which it is anyway) and the judge issues a judgement in my favor for the full $2000.
RK Sport then has 5 days to appeal, then 25 days to pay. If they do not then I submit a little $5 form that shows up on their credit record indicating they have been sued and did not pay a judgement. This is shown to ALL creditors, so anytime anyone checks their history a big black mark is on it until they pay. No one will give them money while this is on there.

At this point if they still don't pay I get a lawyer in CA, where their headquarters is, to go and collect the money. Since he has the law on his side he can basically start repossession stuff and auctioning it off. Cars, the building, etc.

Sad, that it might have to go this far for a measley 2 grand. They shoulda just replaced the headers and paid to have the new ones installed. Thanks to everyone for their help and support. I'll keep you all posted.

Ryan

 

I think their lawyer charges more than that; way to go.

 

Hope it all works for you. I sent you an email awhile back about the quality of mine. (Horrible!) If there is any reward for me don't hesitate to let me know.

Scott B

 

Dang I never thought anyone would finally do that....Congrats!


I hope you do take your case to CA. The black mark on their record can hurt them true, but I have found that it doesn't really play into a decisionthat much. As long as the credit references are good with larger manufacturers with large money amounts creditors tend not to really focus on smaller claims cases. It would only affect him if he tried to sell the business. I hope you do take it all the way and receive your money.

 

Thanks again for everyones help. It's nice to know I got some peeps at my back. Things should go well from now on and hopefully they'll just pay the settlement without me having to hire a lawyer in CA.

The good thing is almost all lawyers will pick up this kinda thing. Since a decision will have already been made all they have to do is get the money and tack on a healthy fee to deduct for themselves. Suddenly what was once $2000 plus court costs (about $150) becomes $3000 or $4000 for they're trouble.

I've said it before and I'll say it again. RK Sport should have just replaced the defective product in the first place.

R