• 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.

Need help, question about taking a mechanic to small claims court

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

Laurakr1

Junior Member
I payed a mechanic september 2009 to fix a car that had broken down, now its may and I still havn't gotten either the car or the money back. I had to buy a new car and was out of transportation for a month. This was an individual mechanic working out of a garage he had leased so I know I can't sue the company. I have called multiple times and he always has excuses and promises to get me my money soon. I have written a formal letter of final notice in which I state that after 14 days I will file a small claims suite, although I have not sent it yet.
My concern is that he says that he is always broke and it seems that he is. What happens if I sue him only to find out that he really doesn't have any money? Will the court fees fall on me? Also should I file a police report? Also can I request a writ of execution immidiately if this goes to court since he has proven that he will not willingly pay me back?

(additional info- I have a receipt for the payment of $1000, plan on trying to get a copy of the check written, and a copy of my phone records to show my persistance in calling and his, more often than not, ignoring the calls. In my letter i state that i will accept $1400 outside of court but if I sue him I will include fees plus cost of time and inconvenience:$1400(from imobility and having to buy a new car), and either return of the car to me or include the appraised cost of the car and appraisal cost, in addition to the $1000 originally) I believe this to be a fair negotiation, but if there are any suggestions they would be greatly appreciated.
 


Hot Topic

Senior Member
It's hard to take your complaint seriously. You've allowed a man to keep your car for seven months (it's still April), and instead of taking real steps to get it back, you've bought a new car!

You entrusted your car to a mechanic working out of a garage he leases. Did you get any references on him before you turned your car over to him? Did you do any other kind of background check on him, or did you just turn the car over and let him decide when or if you were going to get it back?

The biggest question is, why haven't you gone to the garage and gotten your car back?

I don't believe you should get a dime. You let this happen, and you've done very little to rectify the situation
 

Find the Right Lawyer for Your Legal Issue!

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