What legal action can I take against a repair facility which does not deliver services promised and fails to return the item sent to them?

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What legal action can I take against a repair facility which does not deliver services promised and fails to return the item sent to them?

My welding machine was taken in for repair in early 01/10. Their procedures included a diagnosis followed up by a quotation of repair cost. After repeated requests for such a quote, on 09/21, the company informed me that the machine will be immediately shipped back to me since they are incapable of servicing my welding machine. Today I placed a call to determine the whereabouts of my machine and was told that the machine was still in their possession. This is ridiculous. I need help in rectifying this.

Asked on October 7, 2010 under General Practice, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If they keep your property, they may be guilty of a form of theft; you could have grounds to either sue them for the value of the machine (or to force them to return it) and/or to press criminal charges. (Depending on the exact circumstances and any agreements, they may have grounds to charge you for the cost of shipping.) If there was any agreement between you and them to perform certain services and they refused or could not do so, they might also be liable for breach of contract. You have rights here, and you can demand they return the machine; if they do not, you will probably need to either bring a legal action yourself or retain an attorney to help you. Assumingit is a valuable/expensive machine, it would be worthwhile to consult with an attorney (many will provide a free initial consultation to evaluate a case) to determine what your rights are, and what it would cost to vindiacate them. Good luck.


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