Is there any way to get my money back on an auto repair job that was not complete?

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Is there any way to get my money back on an auto repair job that was not complete?

I got into a car accident and I found a
mechanic who said he could fix it. He
said I had a blown gasket and it would
need to be replaced. So far he said that
he was able to get a new gasket but he
still had not come back to install it. It’s
been two months since the job started
and he has been making excuses on
why he hasn’t come. I’ve already paid
him 2/3 of what I owe him but he still
has not come back to finish the job. Is
there any way to report it sue him for
not finishing up the job that was
promised in the beginning ?

Asked on April 5, 2016 under Accident Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, you can sue him on one or more of the following grounds--that's how you would get your money back:
1) Breach of contract: not doing what he agreed to do (i.e. not fixing your car in exchange for being paid for the repairs).
2) Fraud: if it appears he lied about what he could or would do to get you to pay him money.
3) Conversion, a form of theft: if he has simply taken your money.
It's a good idea to file the suit on all the applicable grounds, since you don't know in advance all the evidence and what it will show about his motivation, intentions, knowledge, etc. By suing on all the relevant grounds, you best cover your bases.
If the amount at stake is less than the limit for your small claims court, suing in small claims, acting as your own attorney ("pro se") to save on legal fees is a good option.


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