Mechanic Installed new Clutch but failed to put car back together properly

[ltzielinski]

What is the name of your state (only U.S. law)? Oregon

I had my car towed to an auto repair company to replace my Clutch.

3-5 days later I began experiencing car problems with shifting/acceleration. I took it into a local Subaru dealer to have it checked out. They discovered that the clutch was fine, however the mechanic whom fixed the clutch didn't re-assemble my car back together correctly. Which left loose bolts and my turbo slipped out of position and began letting air into the intake valve. Which left my car un-drive able.

The cost was only $102.50 so I figured the original mechanic that fixed the clutch would pay for my costs to fix his lazy/faulty work. NOPE, the mechanic refuses to pay the fee. I know it's not a large sum of money but its the principle of the thing. I feel the original mechanic should own up to his mistake and pay the repair fee.

Do I have an open-closed case here fellas?

 

[Mass_Shyster]

the mechanic refuses to pay the fee.

YOu probably have a good case, but even if you win, what makes you think the mechanic will pay you?

All a court will to is tell him he owes you $102. The courts don't collect for you.

 

[sandyclaus]

What is the name of your state (only U.S. law)? Oregon

I had my car towed to an auto repair company to replace my Clutch.

3-5 days later I began experiencing car problems with shifting/acceleration. I took it into a local Subaru dealer to have it checked out. They discovered that the clutch was fine, however the mechanic whom fixed the clutch didn't re-assemble my car back together correctly. Which left loose bolts and my turbo slipped out of position and began letting air into the intake valve. Which left my car un-drive able.

The cost was only $102.50 so I figured the original mechanic that fixed the clutch would pay for my costs to fix his lazy/faulty work. NOPE, the mechanic refuses to pay the fee. I know it's not a large sum of money but its the principle of the thing. I feel the original mechanic should own up to his mistake and pay the repair fee.

Do I have an open-closed case here fellas?

If you can prove the things you're saying, then yes, the first mechanic who installed the clutch SHOULD reimburse the $102.50 it cost to fix their mistakes. However, they are probably thinking that you have no proof of what you're saying - and counting on it - so that they won't accept liability for their actions.

You'll have to write a letter to demand payment, and probably provide some kind of supporting documentation that proves what you say. Even then, you'll probably end up having to sue to recover the money.

You might file a claim with the BBB in an attempt to resolve the issue out of court. The mechanic isn't legally obligated to follow what the BBB says, but it might encourage them to settle amicably if they are concerned about their reputation.

 

[ltzielinski]

YOu probably have a good case, but even if you win, what makes you think the mechanic will pay you?

All a court will to is tell him he owes you $102. The courts don't collect for you.

I'm not familiar with court proceedings, but once you have a judgement. Isn't he obligated to pay you?

I have a written statement from the Subaru dealership stating the problem was "improper reassembly of the turbo, which had to be disassembled in order to get to the clutch." This combined with the problem occurring just days after the first maintenance should be enough proof that the damage was caused from the first guy. Also the Subaru guy took a photo showing me the loose bolts as evidence.

Is there any other kind of evidence I should try to get before going to court? What are my chances of winning the case? Thanks for any advice.

 

[LdiJ]

I'm not familiar with court proceedings, but once you have a judgement. Isn't he obligated to pay you?

I have a written statement from the Subaru dealership stating the problem was "improper reassembly of the turbo, which had to be disassembled in order to get to the clutch." This combined with the problem occurring just days after the first maintenance should be enough proof that the damage was caused from the first guy. Also the Subaru guy took a photo showing me the loose bolts as evidence.

Is there any other kind of evidence I should try to get before going to court? What are my chances of winning the case? Thanks for any advice.

Legally obligated to pay you, absolutely. However, you have to be able to actually collect from him. Now, he might be smart enough to just pay you, because the amount is not so high that it would seriously hurt him. However, he could also be a stubborn sob, and it could cost you more to collect from him than the money is worth.

 

[BL]

I would as was suggested ,write a letter of demand for payment ,include ( copies ) of your proof. In that letter state that if reimbursement is not received with in 7 Business days ,you will not hesitate to utilize what ever legal action is available to you . Send the letter RRR certified mail ,and on regular mail .

If you have to go to court and if you win a Judgment and he still refuses to pay, file a transcript of judgment with your local office ( could be county clerks ) if this is a business.

The Judgment should show up , and prevent him from doing further business in the future,unless he pays up.

If he pays up ,make sure you file a satisfaction of Judgment with the same clerk's office.

 

[swalsh411]

The Judgment should show up , and prevent him from doing further business in the future,unless he pays up.

How would a small claims judgement prevent him from doing business?

 

[sandyclaus]

I'm not familiar with court proceedings, but once you have a judgement. Isn't he obligated to pay you?

I have a written statement from the Subaru dealership stating the problem was "improper reassembly of the turbo, which had to be disassembled in order to get to the clutch." This combined with the problem occurring just days after the first maintenance should be enough proof that the damage was caused from the first guy. Also the Subaru guy took a photo showing me the loose bolts as evidence.

Is there any other kind of evidence I should try to get before going to court? What are my chances of winning the case? Thanks for any advice.

All that a judgment does is validate the fact that the defendant owes you a debt. YOU are still responsible for collecting that debt from the debtor yourself.

The court can provide you with specific methods that make it easier than simply demanding that the person pay you. Depending on your state collection laws and exemptions, you might be able to garnish wages, levy bank accounts, or place a lien on valuable assets such as vehicles or real property. If the person runs a business, then you might be able to effect a till tap (where a law enforcement officer is posted for the day in the business, and essentially collects any money earned by the business from the cash register for the day, up to the amount due for the judgment) or seizure of business assets to be sold and liquidated to satisfy the debt. But the actual process must be initiated by YOU.

As far as evidence, a statement from the dealership is good, but the "best evidence" rule may apply. Instead of a written statement, which cannot itself be questioned and criticized, you might be required to present a witness - someone from the dealership, preferably the one who did the work on the vehicle - who can testify to what they know and how they came to know it. Note that many Small Claims courts allow for witness fees to be paid, just in case that becomes an issue.