Suggestions for Claims Court

[harperhawk]

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


Hello, I have decided to take someone to court. I will try to keep the situation simple. I contracted someone to do work on my vehicle and this agreement has not been met. I have had months of excuses and have already paid for the project. I know that one item listed to sue for is the return of my property, but am I leaving anything out? The car as yet to be painted and I did pay for paint and other parts...so those are all a given. I have had to pay out of pocket expenses while this has gone on and have also lost income. I run my own business and rely on this car for out of town travel. Thank you for any suggestions.

 

[justalayman]

Is there some reason you don't just go and pick up your vehicle and make a demand for a refund? Sure seems like a place you should start before running off to court. Especially since you stated you have already paid for the work in full, he has no reason to hold your vehicle. If he refuses to give you the vehicle, call the police and tell them he is refusing to release your vehicle to you while you owe nothing for any services.

 

[harperhawk]

Thank you... I have not done this yet as he continues give me a new date it will be done. I would say 90 percent of the work has been done so demanding a refund wont get me too far unless your talking about the amount as whole. I could just go get it but would be left with a car that I can not drive nor do i have a place to store it while finding another business to finish the work. I have tried to "press" the issue so the work is completed.

Other than going ahead and filing paper work for small claims and demanding that the work be finished, what am I left with? Would there be a letter that could be given stating that if the project is not finished by a certain date legal action will be taken?

Thanks again.

 

[Proseguru]

Small claims will only give you $$$ , will not order the job be finished. Ask for all the money back, why not? Judge will decide...hope you have written contract.

 

[swalsh411]

I don't understand something. You say you rely on this vehicle to make a living yet you have allowed somebody to keep it for months? Either you have a lot of savings and are burning through it to make ends meet or you don't really need it. Why would you allow somebody to keep your vehicle for months when you need it? In this economy there are lots of people who would be glad to work on it. What you should have done is gotten your vehicle after a reasonable period of time and then sued him for whatever you paid. In fact that is what you should do now. Go get your vehicle, then sue him for whatever you've paid him. Don't let him convince you to keep it any longer if all it has been with him is delay after delay. If he will not allow you access to it, call the police. Then deal with the money aspect in Court if he won't give it back.