optical store wants to take me to court,please help

A few months ago I went to an optical shop where I have my glasses and eye exam 2 years ago..

I was leaving the country due to family illness and my frame was broken so I though they could fix it for me right there as I really dont have time to get a new pair.

The clerk said there is no way we can fix your frame and then the store manager appeared and suggested that i get an eye exam.

I did and then I picked out a pair of glasses,she added up the number and showed me it would be $454 including eye exam.

I paid her with a personal check as she said if I used my credit card,they will have to charge me more,they said that to everyone who walked into the store! 

Then she said it will be ready in one  hour.

Then the clerk started repairing my old frame and now after paying them 430 for the new one,she managed to fix it .

I went out for a walk and came back and waited and waited and waited and no one called me to say your glasses are ready !IT was a Sunday afternoon..

So I asked the manager and she said the machine was broken and it would cost 1300 dollars to fix it.

It turned out the machine was long broken and they have been sending the work out,she lied to me ,there is no way on a Sunday afternoon my lenses would be ready in one hour. 

She said it would be ready on Tuesday(they closed on Monday),so I said I may not be able to make it as I am leaving the country.

Then I asked for a receipt,they were reluctant to give me one saying we recognise you!

I pressed for one and they just scribble 454$ down without itemising .

I came home and felt cheated so I made a stop payment on the check and left  the country.

Today I received a phone call from their lawyer,they are taking me to small claims court,the lawyer does not really want to get involved and urged me to contact the store.

I never pick up my lenses,so my question to all of  you is WHAT SHOULD I DO?

I could use a new pair of glasses but their business ethics turned me off,I can always go elsewhere for exam and new pair,like Walmart or Costco.

If i go to small claims court in Texas,we will probably go thru mediation first before the judge will hear us,what is my chance of winning the case?

Thank you in advance/

sumi    .

, 

sumiko:

I never pick up my lenses,so my question to all of  you is WHAT SHOULD I DO?

I beleive that by getting the eye exam, and having your old frames fixed, you were wrong to cancel the check.  You had an implied contract and received services' which you agreed to, by giving them the check.

In my opinion, even though you didn't pick up the glasses, you received services' and are now obligated.  Consider talking to the store owner and asking what it will take to drop the lawsuit.

My opinion:  I don't do small claims stuff ... but I'd have a few arguments too ...

"Lawyers" don't "call" to inform you of pending cases -- especially small claims.

Were you informed of this "surcharge" prior to the service?  Were you informed of ANY charge prior to service?

The glasses weren't ready in one hour.  If the situation involved me, Sunday to Tuesday pretty much nullified the one hout agreement.

Run it past an attorney.

thanks for your response.

The lawyer sounds like a friend of the owner and not really willing to spend much time on the phone,he just wanted me to call the shop.and he is wrong when I asked how can you serve paper if the defendent is out of the country,he said then the plaintiff will win in court if the person does not show up.

BUt it is my understanding the defendent must be served the notice,else everyone will just wait for someone who is not around and win in court??

NO,the store said it would be ready in one hour,not 2 days and asked me to sit and wait.

I sat and wait and nothing happen so I asked the manager ,thats when I found out the machine which did the work was broken ,it has been broken  before I arrived and they are not willing  or dont have the 1300 dollars to fix it.

They have a lab which did the work but it was closed  ,I suspect business was slow and they closed the lab ,or machine broken so no need to run a lab.

So it is a lie to get the business,all the time I was sitting there waiting as the manager  asked me to do,this manager was sitting not far from me.If i dont get up and ask,they would just wait till closing hours and ask me to come back TUESDAY,

Also a retail store cannot say things like if you use credit card,we have to charge you more,they said this to everyone who walks in,(they do have MC/VISA logo in the store)

hey Sumi,

I would call and the manager and say you are "sorry about the mixup, but were upset with the time delay.  You are ready to pay right now with a credit card can you PLEASE have a 15% courtesy discount due to the delay"  have them mail  Or go pick up the glasses.

That way you get your glasses, end the matter &maybe  get a discount.  That is your best chance of a good end result.

otherwise you have to go somewhere else & get a pair of new glasses & another exam what a hassle.

You mistake was cancelling the check.  You got an eye exam from them.  They were fixing your glasses.  It took longer than you liked.  That doesn't just give you the right to cancell your check.  You now have gotten a free eye exam. 

In other words, you can't order the meal, eat the meal, and later decide it didn't taste good, I'm not paying anything for it. 

It think you work something out with the store.  Maybe, because they couldn't return the glasses as quickly as was said, they cut you a break.  What you can't do, however, is expect it all for free just because you don't like how they operate.  I would not return there again after this incident if I were you.

thanks for your response,I could use another pair of glasses and this is my eye doctor.

But time and time again,this manager turned me off,with her sleazy business practice,I dont want to deal with her anymore or speak  to her over the phone or walk into the store,how can anyone lie to y ou that your glasses would be ready in one hour when the lab is closed and machine is broken,she watched me sat there for more than one hour and said nothing and reluctant to give a receipt to come  back and pick up the glasses,what are they trying to hide?

have you ever been in a store which refused to give a receipt after you purchase the item? 

yes,I should pay for the exam ,but do I have to pay for a pair of lenses which is promised to me in one hour,as I am leaving the country the following week.

If Ithey have told me the truth that they cant deliver a pair of leneses in one hour,I would not order any lenese or get an eye exam.

Not only do they lie,they also watch me sit and wait for more than one hour knowing well I will never get my lenses that day.and I am leaving the country next week.

plus telling everyone if they use their credit card,they will have to pay more is not allowed according to credit card industry ,they should  have said if you pay cash,you get a discount.  

"it is not taking longer than i like.

 I would not agree to an eye exam and new glasses if I Cant have it in one hour as I TOLD THEM,I AM LEAVING THE COUNTRY NEXT WEEK.

iF YOU WALK INTO DOMINO PIZZA AND ORDER A PIZZA TO  GO AS YOU ARE HUNGRY AND THEY SAID FINE,ONE HOUR.

AND THEN THEY SAID COME BACK TUESDAY,WHAT WOULD YOU DO?

I know pizza and lenses are different,but you are hungry and so you order pizza to eat in an hour,i need lenses and I want to take them with me on the trip. 

You did have services rendered.  They just didn't do it to your satisfaction.  It's understandable that you are not happy, but you can't just cancel your check for the entire amount without it creating a problem.

The better solution is to talk to them, or take them to court over the issue.  By cancelling the check you gave them, you are leaving yourself open to a problem of them taking you to court.

You don't need to shout in your responses.  I am merely telling you what I think is your best solution.  It's not me they are taking to court over the issue.  What you do is up to you.

thanks,I am not the best typist,I dont mean  to shout,it just happen I hit the wrong keyboard.

I am getting good advices here,thanks.

you have already been given the solution for the best outcome:

Simply call the manager, be polite ask for a small discount & pay the bill & get your new glasses. Next time take your business somewhere else.

If you want to try to cause much ado about nothing & try to win at a losing game that is your choice.

In the time it took for you to type your post, you could have resolved the matter with a phone call.  .As adults we have to deal with things we don't want to do deal ,That is called life.

Thank you all for your response,it is good to learn how others view the situation.

I have consulted a lawyer and this is what he  said-

-the store does not win by default if the defendent does not show up in court because he/she has not be served with paper.

In Texas,a certified letter with return receipt and signature will do,there is no need to hire a person .

-the agreement of paying for  an eye exam and  a pair of prescription lenses depend on getting the lenses in one hour,if the store cannot produce the lenses in one hour,then the customer is not obliged to pay .

-store can offer a cash discount but cannot charge extra when a customer wants to use her credit card,in fact MC/VISA encourage consumer  to report any such incident,there is a website for such reporting.  

-getting the old frame fixed,since the frame is purchased at the same store and carries a warranty,it has nothing to do with eye exam and new lenses.It goes by the warranty terms.

There is a sign inside the store which said we will repair eyewear bought in our store but not eyewear bought elsewhere and my eye wear is bought in their store/ 

I have asked the store to mail me the new glasses and I will send them the full amount plus shipping cost once I receive the glasses.I do not care to set foot in that store again.

It is up to them how they want to proceed.I live in a different county and time would be better spent manning the store than showing up in court.thats just my humble opionion. 

Hi,

the area where they make the prescription lenses was closed and no one was there and the machine was broken long before I showed up,the manager admitted it costs too m uch to repair it.

I can subpoena the technician /optometrist and sales clerk to testify the machine was long broken ,no way they can produce a pair of lenses in one hour.

I have a receipt,it does not say one hour,if the manager has to show up in court,she better not be lying to the judge.

How many receipts say one hour?or one second or one day?  

True,once bitten twice shy,but if they send me the eyewear and the check is missing or bounce,this time they can really build a case of me not paying them for goods received.