How to proceed with a small claims court case regarding a car repair?

UPDATED: Mar 9, 2012

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How to proceed with a small claims court case regarding a car repair?

I took in my car to a shop for fluid leakage. They claimed they fixed it and charge me close to $1000. The leakage is still there. I took it back in and they think it is something else, was gonna charge me another $400. I don’t trust the shop anymore, so I asked for a refund minus the parts. Shop was only willing to refund 50% according to a complaint I file through dept of consumer rights. Should I file a small courts claim and push forward for a full refund or do I not have a case for a full refund? My car is still leaking exactly like before I took it in and I lost close to $1000.

Asked on March 9, 2012 under Business Law, Wisconsin


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you are not satisfied with the repair work that you received from the auto shop for your vehicle, you are entitled to bring a small claims court action in the county and state where the shop is located. In order to get the paper work to start the process, you need to go down to the court house and have the court clerk provide you with a summons and complaint to fill out.

Once completed, you have it filed and copies served on the auto shop's owner or designated agent for service of process if an entity. You can find this out through the online search of your secretary of state's office.

Once served, you show up in court on the designated date, time and location and present your evidence to the person hearing the case. You might also consider making a complaint with your state's bureau of automotive repair about the shop that worked on your car.

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 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.

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