Should I sue if my car was in a shop and Iwas charged for parts and services not done?

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Should I sue if my car was in a shop and Iwas charged for parts and services not done?

Basically 1 year ago my car broke down. I paid a mechanic to replace my timing belt and to replace my motor mounts. When I received the car back it was out of time and the check engine light was still on. I took it back and he kept telling me that it wasn’t out of time but that it was countless other things. I recently just got it back out of another shop that verified it was out of time and that the first mechanic didn’t change key components or my motor mounts. Is there anything that I can do like make the first mechanic pay for the other having to fix his mistakes?

Asked on December 8, 2011 under General Practice, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, you can. This is fraud and I am afraid to say quite common with mechanics who do not do honest work. Mechanics like this (especially those who do registration certifications for smog checks and like) must have a license or registration from the state's department of motor vehicles in order to operate. The regulatory oversight may provide you the path to complain about this matter in writing and seek redress in the form of payment for services rendered at the other facility. Also contact your city or county prosecutor about the same matter and see if that will help you in your endeavor to collect the additional fees you paid out of pocket. Your last resort would be to sue in small claims court (if the amount is less than the cap for small claims court matters, which can range from three thousand dollars to upwards of eight thousand dollars).


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