What can I do when a mechanic is trying to rip me off?

A mechanic towed my car to his shop for free 3 weeks ago. He is lying about
services he did on the car. And he doesnt answer my call and when I do ask him
about it he gets hostile about the situation threatening to stop doing anything
to the car and holding the car until I pay in which he has done nothing. And
since he towed it for free I will have no way of transporting it back home if I
did pay him for anything he did. What can I do about this situation.

Asked on April 1, 2016 under Business Law, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can take him to court and seek a court order requiring him to return your car, declaring that you don't owe him for services he did not do, and possibly directing that he pay you compensation. You could bring the action on an "emergent" (think: urgent or emergency) basis via an order to show cause or similar motion to get the court to hear the matter more quickly. It would be best if you hired an attorney to do this for you, but if you can't afford one or don't want to hire one, you are allowed to represent yourself; you should be able to get sample or template forms and instructions from the court clerk. You would most likely need to file this in regular county or district court, not small claims  court, however, since small claims court cannot give court orders, only money judgments.


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