Can I sue a person to pay for my auto repairs if they will not return the parts needed to fix the vehicle?

I was attempting to sell my truck a few months ago and a guy had wanted to buy my truck. I am deployed in Afghanistan so i had my parents take care of the transaction, they let the man take my truck because my town was getting flooded and he could safely store it. He couldn’t afford it so after a few months my parents had my truck towed back to their place. The transmission needs fixed and when the trans. repair shop got it they noticed the trans. been torn apart to be fixed, they need the missing parts to finish the repairs or it will cost more money and the guy will not give back the parts.

Asked on November 4, 2011 under Bankruptcy Law, Kansas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the person who you hired to repair your vehicle took apart its transmission and refuses to return it after you have the vehicle in your possession, you can bring a legal action against this person for either the return of the transmission in his or her possession of the fair market value of the transmission in his possession.

I would first make a written demand to this person for the return of the transmission demanding its return by a set date. If not provided, then your option most likely would be small claims court.

Good luck.

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