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Taking back car from mechanic without repair

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ferrarifire

Junior Member
What is the name of your state (only U.S. law)? Virginia

Hello,

I have taken my car to local mechanic who I happen to know through a friend. Generally he does not give any written estimates or anything written except the credit card receipt after the repair payment.

He has caused even more problem to my car than when it was first taken to his shop. I want to get back my keys from him and tow the car to different shop. Please help me with following questions:

1. There is no paper work for the repair or estimates. My car is in his shop (property) and car keys are with him. Can I demand my keys back and tow the car from his location without paying him anything?

2. What are my liabilities, meaning what do I owe him legally? He verbally gave an estimate. He spent some time to fix the problem, but everntually could not fix and even broken some other part. I brought my own parts for the repair (which he did not fix properly and even damaged further)

3. If he refuses to give my keys back, should I report to police or approach attorney or should I do something else?

Thank you very much in advance.
 


racer72

Senior Member
1. Yes you can demand your keys back. He does not have to release them or the vehicle to your though. You are obligated to pay for any work that has been done at the time you want to retrieve the vehicle.

2. As stated, you owe for the work done. If there are any disputes, pay the bill then sue the guy for reimbursement.

3. If you pay what you owe, he has no reason to hold your vehicle. The police won't do anything, you gave the car to the mechanic, he did not take it from you.
 

ferrarifire

Junior Member
Thanks for advice.

Since there is no witten document, do I have to pay any amount he demands? Who gets to decide what amount to be paid?

The agreed amount was done under the assumption that the guy knows how to fix but he spent more time to learn than do the work. It will be unjustified he charges me time that he took to learn.

Thanks again.
 

jsmith416

Member
You could pay with a credit card (not debit) and then if you truly feel you have been cheated, or the total is much higher than the estimate and you never approved this, do a charge back for part of the amount. Don't mention this plan to him though until you have your car back otherwise he might not take a credit card payment from you.
 

ferrarifire

Junior Member
I'll pay through credit card but I have to sign the receipt. Can I still call my CreditCard company to complain about the carges?

Also, currently my car won't even start. I have to get it towed. Can he still charge me amount he wish even if he provides itemized breakdown?

Thanks everyone for help.
 

ecmst12

Senior Member
Here is my suggestion:

Get the itemized bill and pay it so you can get your car out of there. Tow it to the shop of your choice. Then, have THAT shop review the invoice and the state of your car. Anything that the new shop says the first guy either didn't do, or did so poorly as to be negligent, you go to small claims court and sue to get your money back, along with any ADDITIONAL repairs that were needed because of his negligence.
 

Zigner

Senior Member, Non-Attorney
Here is my suggestion:

Get the itemized bill and pay it so you can get your car out of there. Tow it to the shop of your choice. Then, have THAT shop review the invoice and the state of your car. Anything that the new shop says the first guy either didn't do, or did so poorly as to be negligent, you go to small claims court and sue to get your money back, along with any ADDITIONAL repairs that were needed because of his negligence.
...and would be willing to testify to...
 

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