If a car repair shop is responsible for ruining the transmission in my car, what to I do to sue them?

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If a car repair shop is responsible for ruining the transmission in my car, what to I do to sue them?

Do I need an attorney, and if so, what kind? If it is a small claims issue, how do I file?

Asked on May 3, 2011 under General Practice, California

Answers:

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

Answered 10 years ago | Contributor

The value of the transmission is one way to determine in what court you will be suing.  You can use an attorney in any court proceeding but the attorney's fee may not be reimbursed to you and will either come out of the fee recovered (if it is a contingency matter) or you will have to pay out of pocket.  You will need proof that they did as you say and possibly the testimony or an affidavit from another repair shop to back you up.  You have to prove that they were negligent in their work and that their negligence caused the damages alleged to the car.   Here is the link for California small claims. Good luck.

http://www.courtinfo.ca.gov/selfhelp/smallclaims/


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