cc73 said:
My question: Is there a time limit on filling small claims?I had some fuel tanks repaired. verbal estimate was $250 with new ends on tanks 1 day time. A weak later got the truck back and $1,200 bill. Same old ends on tanks and they still leaked. The shop tried repair again still leak. 2 brand new tanks for this truck are about 1,200.
My response:
Either party to an oral contract has 3 years from the date the contract was completed to file a lawsuit.
You had better check with your State Department of Consumer Affairs, or the Attorney General's Office, to find out if a mechanic is required, by law, to give you a written estimate of repairs PRIOR to any work being performed. For example, in California, if a mechanic were to enter into an oral contract to repair a vehicle, such oral contract would be void - - and the mechanic would be in lots of trouble with the State.
For example, California's view is that the guilty party to an illegal contract cannot recover on quantum meruit the benefits he or she has conferred under it. [Donaldson v Doe (1987, 6th Dist) 194 Cal App 3d 817, 239 Cal Rptr 801 (automobile repair dealer who failed to give customer written estimate before repair)] Thus, the law will not imply a promise to pay for services illegally rendered.
So, it may be worth your effort to find out if your State "thinks" the same way.
IAAL
[Edited by I AM ALWAYS LIABLE on 04-18-2001 at 01:46 PM]
