• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Auto body restoration scam

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Thordog61

Junior Member
What is the name of your state? Illinois
I brought my 1963 Chevy Impala SS to a body shop to be restored in Jan. of 2005. I signed a contract to restore and paint the body for $10,000 and later added some additional work for another $3000.
The body shop would not state an ETA for finishing the project.

Over the past two years, the body shop has charged me $1200 here and $2400 there for fixing rust holes and straightening things and so on. The bill kept going up and up and I was getting fed up.

After 2 yrs. I had paid him $18,200 and the car was still only, in my estimations 60% done. Despite this I decided to start grabbing some of the chome finish pieces, bumpers and other pieces to clean them up and polish them. This is when I was told that they had sold the steering column from my car for $100 without my authorization. Original cost of the steering column was $519. I have the receipt.
They contend that I told them to sell it, and I contend that I never did. They also contend that the steering column was an old one out of an old chevy.
It was at this time that I decided to pull the car out of his shop as now I had proof that he was being dishonest. When I went to pick up the car, the owners would not release the car to me and said that I owed them $8000 beyond the $18,200 that I had already paid!
After a long conversation, they, generously, in their words release the car for $2000. After speaking with my friends they recommended I pay it to get my property back and pursue them legally later.
Here is my problem, they made me sign a sheet realeasing them from any & all liability, under the guise that if any of me or my friends got hurt carrying the parts and car out of the shop, they wanted to be covered.
My question is would this document be seen as a cover for them should I decide to pursue them in small claims court? Would a judge see this as me giving up my rights to sue them?

Thank you in advance for your commentary
 


JETX

Senior Member
My question is would this document be seen as a cover for them should I decide to pursue them in small claims court?
Several things:
1) What do you mean by 'cover'?? Do you mean would it in fact release them from your claims?? If so, the answer to that is... it depends on the EXACT words in the 'release' you (foolishly) signed. If it limits the release to only "those injured in moving parts", then it is unlikely that a court would see that as a release from YOUR claim. However, if it says something like releasing them from "any and all claims arising from... ", then yes, it would probably be seen as such.
2) Considering the amounts you are claiming in your post, very likely the amount of your claim would exceed small claims limits. Further, if they are 'smart' enough to have a release for you to sign and all, they WILL have an attorney on their side (or certainly far more legal experience/knowledge than you). Get an attorney.

Would a judge see this as me giving up my rights to sue them?
See above.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top