What can I do regarding a situation an auto repair that has been partially paid for but never done?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do regarding a situation an auto repair that has been partially paid for but never done?
I hired a co-worker’s cousin to repair my vehicle 4 months ago. He gave me the initial cost at $900 roughly. He found a few additional things to repair and I gave him half of the repairs and $600 for parts up front. However, as of now, he hasn’t contacted me, responded to my calls, or been at his garage for over a month. What can I do? I don’t have anything written except the receipt saying that I paid half the repairs, plus $600 in parts. He still has my car and his cousin can’t get into contact either. What can I do legally?
Asked on May 19, 2012 under Business Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You would sue him. First, if there was an agreement, including an oral agreement, to repair your car for a certain price and he has not honored his obligations, you may sue him to enforce the contract and/or receive compensation. As part of that suit, you could seek an order directing him to return the car to you.
Second, to the extent he is keeping the car without any legal basis (i.e. without your consent or without some basis to hold it recover unpaid fees), he has committed a form of theft, and you may again sue for both the return of the car and for monetary compensation.
Third, if he has done with with criminal intention--i.e. with the knowing intent to keep a car which does not belong to him--then he has potentially committed crime as well, and you could file a police report and look to press charges.
You have legal rights--no one can simply legally take your car and your money. You should speak witih an attorney about your situation in detail, about your best options and starting the process. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.