• 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.

Countersuing a mechanic

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

Stuartgerbil

Junior Member
What is the name of your state? VA
Recently I took my vehicle to a transmission shop to be repaired. I dropped it off after hours and called the next day to get an estimate of how much it wuold cost. The owner told me it would cost around $1300 to $1400 to repair the transmission and that it would take him 3 days to fix it. The owner finally called 5 days later to tell me the vehicle was ready. Since I work long hours and his shop is not open on the weekends, I asked if there was someway he could leave the keys and the warranty information inside the car and I would slip my payment underneath his front door. When I arrived to get my car, there was no warranty or guarantee information inside. I decided to take it for a quick ride up and down the road to see how it ran. As soon as I pressed on the accelarator, the car made a loud clanking noise. It was definitely not making that noise when I took it in to be repaired. I made the decision to not leave the car there for him to repair again nor did I pay him the money since he obviously didn't fix the problem. I drove my car home, just barely making it, and called his office and left an angry message. I told him I was taking it to another transmission place to see what he had done wrong. He is now suing me for non payment. Do I have a case if I countersue him?
 


Zigner

Senior Member, Non-Attorney
Stuartgerbil said:
What is the name of your state? VA
Recently I took my vehicle to a transmission shop to be repaired. I dropped it off after hours and called the next day to get an estimate of how much it wuold cost. The owner told me it would cost around $1300 to $1400 to repair the transmission and that it would take him 3 days to fix it. The owner finally called 5 days later to tell me the vehicle was ready. Since I work long hours and his shop is not open on the weekends, I asked if there was someway he could leave the keys and the warranty information inside the car and I would slip my payment underneath his front door. When I arrived to get my car, there was no warranty or guarantee information inside. I decided to take it for a quick ride up and down the road to see how it ran. As soon as I pressed on the accelarator, the car made a loud clanking noise. It was definitely not making that noise when I took it in to be repaired. I made the decision to not leave the car there for him to repair again nor did I pay him the money since he obviously didn't fix the problem. I drove my car home, just barely making it, and called his office and left an angry message. I told him I was taking it to another transmission place to see what he had done wrong. He is now suing me for non payment. Do I have a case if I countersue him?

You should have given him the opportunity to fix the problem - since you didn't, he is very likely to win in court.
Additonally - what would you want to counter-sue him for? You never paid him in the first place!
 

Zigner

Senior Member, Non-Attorney
steveatx said:
My guess would be for the damage he thinks the mechanic caused.
Let's see...
Tranny was bad so OP took it to a shop to have it "fixed." When OP got the vehicle, the tranny was still bad, so OP decided not to pay. He then went to another shop and paid to have it fixed.
So, OP is now out the cost of 1 transmission repair. However, since he never allowed the first shop the opportunity to correct the problem, he will also be out the amount that should have been paid to the first shop.
 

Find the Right Lawyer for Your Legal Issue!

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