What can I do when a mechanic is trying to rip me off?

UPDATED: Sep 30, 2022

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What can I do when a mechanic is trying to rip me off?

A mechanic towed my car to his shop for free 3 weeks ago. He is lying about
services he did on the car. And he doesnt answer my call and when I do ask him
about it he gets hostile about the situation threatening to stop doing anything
to the car and holding the car until I pay in which he has done nothing. And
since he towed it for free I will have no way of transporting it back home if I
did pay him for anything he did. What can I do about this situation.

Asked on April 1, 2016 under Business Law, Mississippi


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can take him to court and seek a court order requiring him to return your car, declaring that you don't owe him for services he did not do, and possibly directing that he pay you compensation. You could bring the action on an "emergent" (think: urgent or emergency) basis via an order to show cause or similar motion to get the court to hear the matter more quickly. It would be best if you hired an attorney to do this for you, but if you can't afford one or don't want to hire one, you are allowed to represent yourself; you should be able to get sample or template forms and instructions from the court clerk. You would most likely need to file this in regular county or district court, not small claims  court, however, since small claims court cannot give court orders, only money judgments.

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 AttorneyPages.com 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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