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gungadin500

Guest
What is the name of your state? Nevada

About 9 months ago I took my car in to have a transmission replaced by an independent repair shop. Without going into too many details, I lost all faith in them being able to competently fix my vehicle, and they agreed to pay for a diagnostic by the dealership's shop. The dealership had to completely replace the transmission all over again, and the original mechanic refused to pay for it.

I have already finished an arbitration process through Visa, which came out in my favor, and the complete amount for the original work was returned to me, about $2600.

Now I have received a demand for payment letter from the owner of the shop, indicating that he is placing a lein on my vehicle, and that if I have not paid him in full by September 9, he will have my car repossessed and sold. Since the amount of the work has been returned to me, can I still take him to small claims court to try and get a binding decision? What exactly do I sue him for, and can I obtain some sort of injunction so that he can't touch the vehicle until a court decision is handed down?

Thanks, don't know where to go from here
Jared
 


racer72

Senior Member
You can't sue, your money has been returned. You have no claim. The shop owner does have a claim against you though. He can still sue for the labor and parts provided, you have no right to obtain these services for free even if the repair did not go your way. You should make your best deal with him, if he sues you will lose. He also has the right to place a mechanics lien against your vehicle but he cannot take it till he obtains a judgement from a court of law.
 
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gungadin500

Guest
I can't understand why I wouldn't have a right to not have to pay for service or work that was done incorrectly. I have a letter from the dealership's service shop stating that he incorrectly repaired my vehicle, and also replaced parts that didn't need replacing. I understand he has a right to place a lien on the vehicle, but can't I at least contest the lien on the grounds of the faulty work?
 

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