Do I have to pay for repairs that were not properly made to my car?

I took my car to a repair shop 3 weeks ago and a week later I picked up my car and paid them $630 for repairs. The car was not fixed and they have not yet taken the money out of my account. Can I keep the money? I’ve called them several times about it and they’ve told me the money should have been taken out. I don’t want them running my card again.

Asked on November 13, 2012 under Business Law, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If they did not due the repairs that thy were supposed to, there are several grounds under which you would not have to pay some or all (the amount depends on whether they did anything they were supposed to) of the money, such as breach of contract (they didn't do what they agreed to), negligence (they were unprofessiaonlly careless), or fraud (the lied about what they would or could do). You could tell your card issuer to not authorize the charge; however, if the issuer does conclude that they have to let it go through (the repair shop claims they did the work and you're just trying to get out of paying, for example), you'd have to then sue, such as in small claims court, to get the money back.


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