iowaguntrader
Junior Member
What is the name of your state (only U.S. law)? Iowa
I hope this is the right forum.
Hey all, I want to thank anyone that replies in advance. Here is my issue:
On 10-21-13 I signed a vehicle service agreement printed off Law Depot with a guy claiming to be a mechanic. He was supposed to replace a transmission in our vehicle and rebuild the motor. The contract contained the date it would be complete 11-24-13, specified what was to be done, and total cost.
I paid him almost 50% upfront to purchase his transmission, and the remainder was for motor parts. He was supposed to provide weekly updates, when the updates failed to come in I started to contact him looking for these updates. It was excuse after excuse and then he told me his infant child passes away. At that point I backed off of the updates and told him to take a couple of weeks to spend with his family and grieve, they needed him more then I needed my vehicle. A few weeks later the deadline came and passed. So I contact him and he told me the vehicle was all but finished, it would be delivered in a couple of days. The day came that it was supposed to be delivered and I couldn’t reach him. Using some public resources I was able to locate his mother-n-law, who told me that his daughter had not passed away, essentially he was a habitual liar, and that he was not a mechanic, and the vehicle had been damaged by someone trying to steal something off it.
After things went south at his house he called me and told me that he had ruined my motor and that he had not replaced my transmission, but fixed it. We agreed that a third party (actual mechanic) would fix the vehicle at no cost to me; he would cover all parts and labor. On 12-13-13 we met and he signed an amendment to our original contract stating a third party would finish the vehicle at his cost. This was supposed to be done in a couple of weeks. A couple of weeks went by and still no vehicle, on 12-27-13, I called him and he told me the truck was going to be finished on 12-30-13 an returned that morning, he even put a mechanic on the phone from the garage. 12-30-13 came and went and no vehicle, I called the third party and he said he had the truck, but was waiting on a motor and the truck was never close to be fixed. So I have no idea who he put on the phone claiming to be the mechanic.
So I told him I was going to court and we would let the legal system resolve this issue. That when he suggested that we go to a mechanic of my choice and he foot the bill. He stated he was approved for $4800 to have the vehicle fixed. I asked him if he would be interested in just purchasing the vehicle to resolve the issue as I really wasn’t sure if I wanted the vehicle back after what it had done too it. He agreed and I created a purchase agreement on 1-05-14 stating that he would make a full payment for the vehicle on 1-7-15. He said he was bank approved and was waiting for the check hold to be removed. Also on the 5th he was given a demand letter stating that if he didn’t satisfy the purchase agreement the truck needed to be returned on 1-8-14. It was dated 1-3-14.
So since then I’ve gotten a few responses, but only empty promises. The truck was going to be returned yesterday, he had most of the money etc…
I contacted the county attorney in his county and he stated that since the contracts where drawn up in my county that is where legal proceedings need to take place, he also stated that the guy had not committed any crimes. That surprised me as I would have thought there would have been some sort of fraud or theft law.
Anyway any advice? The party lives about 2 hours away. I want our vehicle returned, that was a condition in the contract, that he was responsible for picking up and returning the vehicle. I know I’m going to have to sue him, but I’m not sure if I should go small claims or hire an attorney.
I know I screwed up by looking for someone online and not seeing their shop and getting references.
I hope this is the right forum.
Hey all, I want to thank anyone that replies in advance. Here is my issue:
On 10-21-13 I signed a vehicle service agreement printed off Law Depot with a guy claiming to be a mechanic. He was supposed to replace a transmission in our vehicle and rebuild the motor. The contract contained the date it would be complete 11-24-13, specified what was to be done, and total cost.
I paid him almost 50% upfront to purchase his transmission, and the remainder was for motor parts. He was supposed to provide weekly updates, when the updates failed to come in I started to contact him looking for these updates. It was excuse after excuse and then he told me his infant child passes away. At that point I backed off of the updates and told him to take a couple of weeks to spend with his family and grieve, they needed him more then I needed my vehicle. A few weeks later the deadline came and passed. So I contact him and he told me the vehicle was all but finished, it would be delivered in a couple of days. The day came that it was supposed to be delivered and I couldn’t reach him. Using some public resources I was able to locate his mother-n-law, who told me that his daughter had not passed away, essentially he was a habitual liar, and that he was not a mechanic, and the vehicle had been damaged by someone trying to steal something off it.
After things went south at his house he called me and told me that he had ruined my motor and that he had not replaced my transmission, but fixed it. We agreed that a third party (actual mechanic) would fix the vehicle at no cost to me; he would cover all parts and labor. On 12-13-13 we met and he signed an amendment to our original contract stating a third party would finish the vehicle at his cost. This was supposed to be done in a couple of weeks. A couple of weeks went by and still no vehicle, on 12-27-13, I called him and he told me the truck was going to be finished on 12-30-13 an returned that morning, he even put a mechanic on the phone from the garage. 12-30-13 came and went and no vehicle, I called the third party and he said he had the truck, but was waiting on a motor and the truck was never close to be fixed. So I have no idea who he put on the phone claiming to be the mechanic.
So I told him I was going to court and we would let the legal system resolve this issue. That when he suggested that we go to a mechanic of my choice and he foot the bill. He stated he was approved for $4800 to have the vehicle fixed. I asked him if he would be interested in just purchasing the vehicle to resolve the issue as I really wasn’t sure if I wanted the vehicle back after what it had done too it. He agreed and I created a purchase agreement on 1-05-14 stating that he would make a full payment for the vehicle on 1-7-15. He said he was bank approved and was waiting for the check hold to be removed. Also on the 5th he was given a demand letter stating that if he didn’t satisfy the purchase agreement the truck needed to be returned on 1-8-14. It was dated 1-3-14.
So since then I’ve gotten a few responses, but only empty promises. The truck was going to be returned yesterday, he had most of the money etc…
I contacted the county attorney in his county and he stated that since the contracts where drawn up in my county that is where legal proceedings need to take place, he also stated that the guy had not committed any crimes. That surprised me as I would have thought there would have been some sort of fraud or theft law.
Anyway any advice? The party lives about 2 hours away. I want our vehicle returned, that was a condition in the contract, that he was responsible for picking up and returning the vehicle. I know I’m going to have to sue him, but I’m not sure if I should go small claims or hire an attorney.
I know I screwed up by looking for someone online and not seeing their shop and getting references.
