• 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.

mechanic robbed me what can i do ?

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

jem music

Junior Member
What is the name of your state (only U.S. law)? florida

I hired a local mechanic to do a head gasket job on my 2001 ml320. he said he would do the job for 900.00 and it would take him 2 to 3 days and he would need 450 to start and 450 when the job was completed. I agreed and he came to pick up the car I paid him and gave him a box of all the new parts I bought that he would need to do the job. that was on a Friday night he picked up the car and the next Friday having my car 7 days already he asked me for more money. I told him no that our agreement was 450 to start and 450 when you were done. no, remember that he told me my car would be done in 3 days it's no gone on for 7 days. so he says well I cant keep working on your car if you don't give me 200. I tell him to look I just want my car done and am only giving you 180. he said fine when I pick up the money I will keep working on your car. he picked up the money and I text him and called him to see if the car was almost done and no answer I just couldn't get a hold of him. then when he did get back to me he would just say yeah its almost done and this went on for days. I texted him and said look am done with the excuses I just want my car back it's now 12 days you have my car and it seems as if you have stolen it from me cause you won't return it and you won't tell me where it is. I said am sorry but am going to the police to report my car stolen and give them your picture and phone number. then he texts me back and told me where I can find the car. so I asked him if the car was drivable cause if it's not I can make arrangments to have it towed but he said I told you already the car is drivable. I went with my son to pick up my car and it was not drivable it was actually sabotaged with parts being pulled out of place and some parts were even broken. I called a tow truck and towed it home and at this point, i was just glad to have it back after 12 days of hell. so a few days later I go check the damage and I was very surprised to see that none of the parts I hired him to change were changed. so he kept my car 12 days for a job he said he would do in 3 days. stole my 450 deposit and took me for another 180 and ripped me off for 115 bucks in new parts that he didnt install. he didnt even do the job nothing was done to the car he was just setting me up to rip me off for the full 900. now the bad part is there was no written agreement it was verbal but I do have all the text messages and he's actually buried himself in the messages. people are telling me i have no case becase there was no written agreement. will the messages hold up i a court . dont know what i should do am really angry but dont know what my next step is .. he shouldnt get away with this cause he will only do it to someone else.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? florida

I hired a local mechanic to do a head gasket job on my 2001 ml320. he said he would do the job for 900.00 and it would take him 2 to 3 days and he would need 450 to start and 450 when the job was completed. I agreed and he came to pick up the car I paid him and gave him a box of all the new parts I bought that he would need to do the job. that was on a Friday night he picked up the car and the next Friday having my car 7 days already he asked me for more money. I told him no that our agreement was 450 to start and 450 when you were done. no, remember that he told me my car would be done in 3 days it's no gone on for 7 days. so he says well I cant keep working on your car if you don't give me 200. I tell him to look I just want my car done and am only giving you 180. he said fine when I pick up the money I will keep working on your car. he picked up the money and I text him and called him to see if the car was almost done and no answer I just couldn't get a hold of him. then when he did get back to me he would just say yeah its almost done and this went on for days. I texted him and said look am done with the excuses I just want my car back it's now 12 days you have my car and it seems as if you have stolen it from me cause you won't return it and you won't tell me where it is. I said am sorry but am going to the police to report my car stolen and give them your picture and phone number. then he texts me back and told me where I can find the car. so I asked him if the car was drivable cause if it's not I can make arrangments to have it towed but he said I told you already the car is drivable. I went with my son to pick up my car and it was not drivable it was actually sabotaged with parts being pulled out of place and some parts were even broken. I called a tow truck and towed it home and at this point, i was just glad to have it back after 12 days of hell. so a few days later I go check the damage and I was very surprised to see that none of the parts I hired him to change were changed. so he kept my car 12 days for a job he said he would do in 3 days. stole my 450 deposit and took me for another 180 and ripped me off for 115 bucks in new parts that he didnt install. he didnt even do the job nothing was done to the car he was just setting me up to rip me off for the full 900. now the bad part is there was no written agreement it was verbal but I do have all the text messages and he's actually buried himself in the messages. people are telling me i have no case becase there was no written agreement. will the messages hold up i a court . dont know what i should do am really angry but dont know what my next step is .. he shouldnt get away with this cause he will only do it to someone else.
PHEW!

First, the mechanic didn't "rob" you. Second, sue the bad guy in small claims court.
 

xylene

Senior Member
PHEW!

First, the mechanic didn't "rob" you. Second, sue the bad guy in small claims court.
The mechanic may have in fact committed a crime and the OP should contact the FL attorney general

http://myfloridalegal.com/pages.nsf/main/79fb0190e96bc94a85256cc9004d6e55!opendocument

1-800-HELP-FLA
1-866-9-NO-SCAM


And if the mechanic wasn't licensed, that too is a crime.
 

Ohiogal

Queen Bee
The mechanic may have in fact committed a crime and the OP should contact the FL attorney general

http://myfloridalegal.com/pages.nsf/main/79fb0190e96bc94a85256cc9004d6e55!opendocument

1-800-HELP-FLA
1-866-9-NO-SCAM


And if the mechanic wasn't licensed, that too is a crime.
It is NOT robbery. That is a fact.
 

PayrollHRGuy

Senior Member
Fraud, theft.

Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by putting the victim in fear.
 

CdwJava

Senior Member
so what would be the proper name to call it when you pay someone for a service and they don't perform that service and they also keep the supplies you paid for to complete this service for you?
A civil claim.

To prove larceny (theft by fraud, etc.) the state would have to show that he never intended to do the work. There may be some other crime in your state that could apply to this form of procrastination, but, I suspect the state will punt and tell you it's time to go to small claims court.

I take it that this mechanic doesn't have a shop? The fact that you had to go find it somewhere and not at his place of business indicates to me that this was a shady operation to begin with. Taking your money and not yet doing the work seems a violation of the verbal contract, but not necessarily theft of any kind.

You can always call the police and see if they have any interest in this. But, I suspect that you will end up in small claims court anyway.
 

xylene

Senior Member
I take it that this mechanic doesn't have a shop? The fact that you had to go find it somewhere and not at his place of business indicates to me that this was a shady operation to begin with. Taking your money and not yet doing the work seems a violation of the verbal contract, but not necessarily theft of any kind.
In Florida, unlicensed auto repair, that is a crime the state takes seriously in and of itself, even if the OP knew the shop was not licensed.
 

quincy

Senior Member
so what would be the proper name to call it when you pay someone for a service and they don't perform that service and they also keep the supplies you paid for to complete this service for you?
I would call it a breach of contract, which is a civil matter - although I agree with xylene that lack of registration could be a criminal matter.

Florida Motor Vehicle repair laws:
https://www.freshfromflorida.com/Business-Services/Motor-Vehicle-Repair
http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0500-0599/0559/0559PARTIXContentsIndex.html
 
Last edited:

LdiJ

Senior Member
A civil claim.

To prove larceny (theft by fraud, etc.) the state would have to show that he never intended to do the work. There may be some other crime in your state that could apply to this form of procrastination, but, I suspect the state will punt and tell you it's time to go to small claims court.

I take it that this mechanic doesn't have a shop? The fact that you had to go find it somewhere and not at his place of business indicates to me that this was a shady operation to begin with. Taking your money and not yet doing the work seems a violation of the verbal contract, but not necessarily theft of any kind.

You can always call the police and see if they have any interest in this. But, I suspect that you will end up in small claims court anyway.
I had something very similar happen to me. The police were taking it seriously as in him stealing my car, but my insurance company had such a hissy fit at the detective that he did not arrest the guy, he just had him put it back together enough to be towed out of there. Unfortunately, that was as good as a totaled car, since no other mechanic would touch it after that, and the insurance company of course refused to pay out on it because it was recovered.
 

quincy

Senior Member
I had something very similar happen to me. The police were taking it seriously as in him stealing my car, but my insurance company had such a hissy fit at the detective that he did not arrest the guy, he just had him put it back together enough to be towed out of there. Unfortunately, that was as good as a totaled car, since no other mechanic would touch it after that, and the insurance company of course refused to pay out on it because it was recovered.
Your experience is probably not the norm.
 

xylene

Senior Member
I think the state will take the unlicensed repairs seriously, and especially so if other parts of the vehicle were 'permanently removed' as apparently we are now reluctant to call that theft. Mechanics (licensed and otherwise) do steal parts from cars they are working on. It happens all the time.
 

CdwJava

Senior Member
In Florida, unlicensed auto repair, that is a crime the state takes seriously in and of itself, even if the OP knew the shop was not licensed.
As it is here. Though, it wouldn't help the OP as it would not be theft. The OP would still have a claim against the mechanic, though it might be made stronger by his being. However, if the OP knew this guy was shady (as he had no place of business) and agreed to let him do the work anyway ...
 

HRZ

Senior Member
before we get too far off the new parts which he did not install...did he keep them or return them?
 

Find the Right Lawyer for Your Legal Issue!

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