How is it to sue an auto mechanic if he says that he’ll do somethingbut doesn’t complete the workand he’s already been paid?

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How is it to sue an auto mechanic if he says that he’ll do somethingbut doesn’t complete the workand he’s already been paid?

Car was a gift. Called mechanic who worked on previous vehicle. Told him the possible issues. He said he’ll fix whatever is wrong with the vehicle for $1000. We agreed and gave him $500 upfront (deposit) . During the time, it was advised (bu the mechanic) that we exchange for services. He would sell for us for $1000 ($1500 in free services). He has ownership. One month goes by then we received the car. There’s more work to be done that have not been completed . We just found out that he is losing the shop. He’s been avoiding us. When we ask, he’ll say that he’ll fix it but won’t show up.

Asked on June 22, 2011 under General Practice, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Okay so basically you and the mechanic entered in to a contract for fixing the car.  Yes, it was oral - and yes, it would have been much better if the contract was in writing - but it is a contract nonetheless.  And if he breached the contract then that is the basis of the lawsuit.  You would probably sue him is small claims court. Is he a corporation or a sole proprietorship?  What ever he is it falls under the small claims jurisdiction based upon the monetary amount.  You will need to prove your case so get all your ducks in a row.  You need to prove that a contract exists and that there was a breach.  Good luck to you. 


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