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Defective transmission repair

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jcald81

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

Had repairs to transmission of 1999 dodge durango (it was dropping out of 4th gear/overdrive). After the repairs before I got home (10 mile drive) the check engine light came on. The trouble code indicated shift malfuction from 3-4th gear. I contacted the repair shop took it back and was advised I would need to take it to a dealer to have the tranmission computer reprogrammed/flashed. I contacted a local dodge dealership explained the situation and they said it is possible that could be the issue but they could not guarantee it. I had the dealership flash the transmission computer and had the same problem shift malfuction 3-4th gear. The next day reverse went out along with 4wd . I contacted the repair shop that orginally did the transmission work. The owner became irate and refused to offer any assistance. I have filed suite in small claims court. I have two questions
1. What is the best plan of action to win the small claims suite?
2. This is my only means of transportation. I put off fixing it because the court date was today. The repair shops lawyer deferred trial till april 27th. Do I need to wait to have my vehicle repaired? Could it possibly have a negative effect if I have it repaired before the trail date.

Thank you for your helpWhat is the name of your state (only U.S. law)?
 


justalayman

Senior Member
1. What is the best plan of action to win the small claims suite?
honesty

2. This is my only means of transportation. I put off fixing it because the court date was today. The repair shops lawyer deferred trial till april 27th. Do I need to wait to have my vehicle repaired? Could it possibly have a negative effect if I have it repaired before the trail date.
tough call. If things work like they should, it shouldn't hurt anything by having it repaired, unless when you have it repaired and have the new repair shop document the cause of the problem and realize it wasn't anything the first repair shop did:eek:

actually, having it repaired could be beneficial. That way you can have the new mechanic as a witness to testify to what the problem is(and hopefully it was caused by the first shop).
 

BL

Senior Member
honesty

tough call. If things work like they should, it shouldn't hurt anything by having it repaired, unless when you have it repaired and have the new repair shop document the cause of the problem and realize it wasn't anything the first repair shop did:eek:

actually, having it repaired could be beneficial. That way you can have the new mechanic as a witness to testify to what the problem is(and hopefully it was caused by the first shop).
You may not even need the testimony of a new mechanic their selves , but just notations on their invoice the work was not done properly and what it took to repair .

Of course you should be able to subpoena the mechanic if necessary .

Sounds like you may have to .

See the clerk of the court .
 

justalayman

Senior Member
I statement may be enough but then it gets into hearsay. It's always much better to have the mechanic right there so questions can be asked if needed.
 

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