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sueing small business

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P

pylot

Guest
What is the name of your state? oregon

My car was in a shop for an engine replacement and was going to sold. when i went to pick up my car there were parts damaged and stolen parts roughly over $1,200. The owner agreed to replace any items that was not of its orginal condition instead of taking legal action therefore, we agreed to be friendly and accept the request. Now its been 3 1/2 months later and the car is not in its orginal condition and refuses to put anymore work into the car. The car is currently still at the shop. I have attemped to pay full price for the engine work but he insisted to say on the reciept a false statment which states that we are "willing" to take the car as is and have it signed by me. The engine had a 100 day warranty from the day that was installed but it has expired although it never left the shop due to his own delays. Now he will not take responsibilty for the engine and the remaining damaged parts.

Other side Notes:

He drove my car without my permission to his own home which he called a "test drive" twice.

He has also threatened to "lien sell" my vehicle if i do not pick it up in 30 days.

Questions:

Does he reserve the right to sell my car?
Is it illegal for him to drive the vehicle at his own convenience?
Do we have a strong case?
What can i sue him for?
Does he have a countercase?

please give me some advice!!!
Thanks in advance.
 


R

resipsa

Guest
Your inability to pick up the car is due the mechanic's actions or inactions...why should you have to pay for anything more than what the original contract was for?....engine replacement...

Offset this cost with the bluebook price of your car....you were going to sell it anyways right?

If the Blue book value is low (less than the statutory amount meaning the amount you are allowed to sue for in small claims court, then sue for the value of the car...let him keep it. But if it's more, then sue for the diminished value.)

Of course he will counterclaim against you for the repairs and bogus what-nots...

In the meantime, contact the Bureau of Automotive Repair and get a case manager to start an investigation on him.....
 

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