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.
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.