If I paid a mechanic to fix my car after recent flooding, how can I get my money back if they failed to fix it and issue me a refund?

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If I paid a mechanic to fix my car after recent flooding, how can I get my money back if they failed to fix it and issue me a refund?

He guaranteed it was the starter but after paying him, he never did anything. The car still isn’t fixed and now I am short $200. I have signed receipts from the mechanic stating that I paid him and I also have his license plate number. He refuses to return the money and has ceased to communicate with me. How do I go about getting my money back?

Asked on June 1, 2015 under Business Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The only way to get your money back would be to sue him in court and win. To win, you'd need to prove that he breached an agreement, like a warranty or guaranty (i.e. that he'd guaranteed he could fix it), which may be difficult to do unless there was a written agreement; or you'd have to prove that he was negligent, or unreasonably careless, in how he did the work, which would almost certainly require you to get another mechanic to examine the car and testify--and hiring a mechanic to testify (he could choose to do so for free, but is not required to, so you'd presumably have to pay him for his time) could cost you more than the $200 you are seeking.


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