I live in Texas, and I put my car into a mechanic shop back in Jan. The mechanic was to rebuild my engine and put on a couple supplied parts that I purchased. I paid 2000 in advance and was to owe him another 1000 when it was finished. About a month later I was told to pick up the car. I paid the rest of the money owed. First off, I had asked for him to put in a camshaft in the car that I choose, he put in something in smaller that I did not want without even letting me know. That aside, I noticed I had a problem in the engine, also my power steering resivoir was damaged, also when I started driving it in the parking lot I had no brakes. They looked at the brakes, I had no brake fluid..so they added some and than began to bleed the brakes, they said one of the line was busted, which my brakes were in good order prior to taking the car there. They told me that the shop was closing to bring the car back monday when they could get the part. So even though it was dangerous to attempt I drove home...mind you I live an hour and half away...I brought the car back and was told I would have to pay for brake line...I told them no..but settled that I would get it just so I could get it back. Another week or so, I get my car, still had noise in engine, and brakes went out on me over the weekend..so again back to shop...mechanic told me that brakes had been fixed..although he was telling me brakes on left side of car were fixed...but it was and they knew it was the right side of car..he told me well the other side was leaking as well...which I dont understand due to the fact that another mechanic bled that side and it was not leaking...so I told him to fix it, fix the resivoir and the engine noise...again I wait..everytime I call I get well it will be friday...than well it will be tuesday...so eventually I get the car again...brakes are still soft, engine noise..performance of car is worse than I drove in with, and resivoir they just patched up...mind you the mechanic was telling me he had to special order one, and it hadnt come in yet...why it took so long to get car back...well It was the same one, just patched up..I took pictures prior to them taking back car so I know 100% that it was my old one...not to mention I can see the patch work...there excuse, the one they ordered was damaged...in the same location. So I went online to a forum to see where I could find a mechanic to help me open the engine and see if the engine had even been rebuilt. So to summerize everything so far..I paid for the work, reciept just had rebuild engine, and put on parts supplied. I asked for all reciepts and was told he had already given them to his accountant for taxes. So, I get a phone call from mechanic that he saw my posting online and he wants to fix all this...So I tell him being patient and civil that I just want my car to be fixed right, and to basically get everything fixed that hasnt been, also to put in the camshaft that I originally wanted and to make sure I get reciepts for everything done on the car, as well as a work order from the machine shop where the engine was taken to get machined. So he agreed to it, and thanked me for not smeering his name on the forum, as im sure he gets alot of business from there. So I bought it back to the shop, and have been waiting, he continues to tell me it will be ready one day..for instance..the friday before last..then on friday I call him and he tells me it wont be ready till tues late in the day or wednesday morning...so I call him wednesday and tells me he has been sick wont be till friday...never called..called him this morning and he tells me it will be in the middle of the week. I have been without my car for this long..the company I work for has been nice and let me use one of the vehicles so I can get to and from work. I keep telling the mechanic that this is only temp, and need to get my car back..he offered to loan me a pickup he had...although it did not have a current registration and inspection stickers on it...I just need to know what are my rights in this situation...I wanted to have the car checked out after I get it back to see if the engine had even been rebuilt..I just dont trust the guy anymore...if no work has been done what can I do..is it going to cost me alot to take to court if I can..really would like some advise on the matter..I am trying to give this guy a chance and do the right thing, but four months is four months and I have lost alot of time having to drive back and forth to this shop, not to mention not having my car and being able to enjoy it along with paying for insurance when im not even using it. I would really appreciate some advise........that was the basic situation....here is updated news on it......I just got it back and it broke down on me again. Not to mention I have a falsified reciept on a part he claimed he put in. Right now as it stands, he offered to take my car back for a fifth time to fix it, I however wished not to, and asked for my money back. He would not, and instead offered 1500. I made an agreement with him on paperwork but have not recieved the money yet, can I back out and still take him to small claims court? Even though this agreement has been made? I ask cause I think maybe I could win in court now that I have this false reciept, and that my car is still broke down after 4 times of taking it back. Would a judge take his side if he offered to repair it again, even though how many times it has been there. PLEASE HELP ME WITH THIS! I dont want to get screwed out of 3500 dollars and end up with nothing or just 1500 and a broke car. If someone can help me please do so...I really need the help.
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Need Some Legal advise with mechanic
- Thread Starter vestalsin
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army judge
Super Moderator
Yes, you can sue him in small claims court.
IF you prevail, it might not be for ALL the money you seek.
You have an offer on the table for $1,500.
You need to decide (no need to post it here) what would make you happy.
You could counter-offer for $2,500.
He might accept, he might not.
If you lose in small claims you'll have a broken down old car, and still be out $3,500.
There is no guarantee in small claims.
Even if you prevail, it could be MONTHS before you receive a dime.
Decisions, decisions, decisions...
1500 is all he would do. Do you think I have enough against him? I have a reciept for a part that he said he bought...but I found from the place he bought it at that its not for that part..the guy whited out the part name and put in what I wanted and photocopied it...so I couldnt tell.
army judge
Super Moderator
You might.
If it were me, I'd go to the place that issued the receipt.
I'd show them the receipt.
I'd ask them if they have the original (or a copy).
You get the original, you nail him.
Then you have a better case.
You might even have a matter to report to the Attorney General or the local County Attorney.
I do have that..I have a copy the one the mechanic gave me, and I took it to the company where he said he bought it..the guy printed up what it was originally, and even told me that he hadnt sold one of those parts since Jan. Well before he said he bought the part. Only thing now is that I made an agreement with him for the 1500..saying if he didnt pay by the end of the month than I could sue him, if he did pay it than he wouldnt be liable for any of it, and we both signed it...but no money has been transfered yet...does that matter? Also his signature on the paper is really faint...as you see when a pen is out of ink...you can barely make out a few letters.
army judge
Super Moderator
You can change your mind and sue him.
You can report him to the county attorney or police for fraud.
You can report his actions to the attorney general.
You can even sue him.
Based on what you say you have, I'd sue him!
You have a great case (if you have those things).
You should also try and get a signed statement from the parts dealer.
It would be even better to subpoena the parts dealer to testify in court.
mightymoose
Moderator
You need to put some work into determining just how much you are owed in damages.
For instance, how do you know the wrong cam was installed? If that is true, you should have received the correct cam back (you purchased it an provided it to him, correct) and you should be compensated for the labor time involved with dismantling the engine to replace the cam since the wrong work was done.
You are not responsible for the parts for the broken brakes, nor the labor and materials involved with repairing them.
You are not responsible for troubleshooting the engine noise that is occurring upon receiving the car back.
If the engine were to be opened up and new damage is found as a result of that engine noise, the shop could owe you even more.
An ultimatum is reasonable here... fix the car immediately or you will take it to another shop for the correct repairs and sue him for the cost you are charged by the second shop, plus what he may already owe you for doing the wrong work in the first place.
I am curious... is this a reputable shop you were working with in the first place or is this a friend or a friend who knew someone?
For instance, how do you know the wrong cam was installed? If that is true, you should have received the correct cam back (you purchased it an provided it to him, correct) and you should be compensated for the labor time involved with dismantling the engine to replace the cam since the wrong work was done.
You are not responsible for the parts for the broken brakes, nor the labor and materials involved with repairing them.
You are not responsible for troubleshooting the engine noise that is occurring upon receiving the car back.
If the engine were to be opened up and new damage is found as a result of that engine noise, the shop could owe you even more.
An ultimatum is reasonable here... fix the car immediately or you will take it to another shop for the correct repairs and sue him for the cost you are charged by the second shop, plus what he may already owe you for doing the wrong work in the first place.
I am curious... is this a reputable shop you were working with in the first place or is this a friend or a friend who knew someone?
It is reputable shop, my father in law has someone that works for him, and that persons brother owns the shop...I have gotten the brother involved with it and he even things I got jibbed but still he cant do anything about it...he was the one who got me at least the 1500. The camshaft I cant tell if it was changed or not, becuase you have to take apart the motor...which I would have to have an asme certified person do otherwise it wont help me...the camshaft he was supposed to purchase and put in along with the engine rebuild...well when I asked for the reciept he didnt want to give me it, told me he bought it for his marked price, I told him I didnt care, I already paid for everything, and know he put his own mark up on the part...but still didnt want to give me it...finally he did, and I took it straight to the competition store where he bought it, the guy told me that the ticket number on that copy was for a TCI Flexplate...not a cam...he then checked the computer and saw that the last cam he sold of that type was in Jan. long before when the cam was supposed to be put in. I also recieved part of my parts back, after telling him originally I wwant all my parts...he could not come up with three of them. He gave me a camshaft but havent been able to see yet if it was my original or not...chances are though he put a junk part in my car or didnt even put one in, seeing as the parts I did get were full of grease and oil and the camshaft was nice and clean. Im just scared if I go to court than I wont win..and than I will be without a car and money...The reason I say that is cause he offered to fix it...again...and provide me with another vehicle...although last time they had no tags...but said that they have them now....but 4 times that car was in the shop and its not running right. Why would I take it back.
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