Possible Auto repair Fraud

[SARCOH]

On June 14th I had my vehicle towed to an auto repair shop because it appeared to be leaking trans fluid. The mechanic estimated the original fix at 300 dollars. He called back later that day and said it was the transmission and that it would have to be replaced. Estimated at 1,300 dollars. Agreed that I would give him 600 in cash and then we'd work out a payment plan. On June 21st I went to go pick up the car. He warned me that my air compressor was going. Drove the car 5 miles down the road and the transmission stuck in 1 gear and then I went to a gas station and the car was sounding awful...so I decided to drive it back to his shop. He estimated the fix at 200 or so. Calls back the next day and suggested that they bypass the air compressor and we agreed. June 23rd went to pick up the car and everything seemed fine then on the interstate about 20 miles later the car suddenly overheated and the car dropped speed rapidly I pulled over asap.I realized the cars fan was not functioning I had the car towed to my home and I can start the car but it won't reverse and the engine makes a terrible noise. I called him at the shop and he said to bring it in but it was gonna cost me. He said it sounded like the engine was blown. I am wondering if I have a case with this I have only paid him a total of 700 dollars but the situation has been nothing but worse. And the car was in really good condition originally. I would like to just get my money back. Because now I am out a car and I still owe him 600 dollars. But it seems that nothing was fixed. Can I take this to a small claims court?

 

[Michael Wechsler]

At this point I don't think you have a dispute in the legal sense. You would need to discuss with mechanic your dispute and state that you should not pay for the "repairs" because it seemed that his own work was failing and thus nothing was fixed. If he is saying various parts of the car are going then it might be that you are sinking good money into a bad car. You will need to figure out where the problem is -- the car or the mechanic. If it is the latter and you've discussed that you believe he is responsible for the car's poor condition, then you may have a dispute and might wish the return of your funds.

Until you have a clear amount in controversy and an attempt to resolve resulting in no resolve, you don't really have a case "ripe" for adjudication in court.

Originally posted by SARCOH
On June 14th I had my vehicle towed to an auto repair shop because it appeared to be leaking trans fluid. The mechanic estimated the original fix at 300 dollars. He called back later that day and said it was the transmission and that it would have to be replaced. Estimated at 1,300 dollars. Agreed that I would give him 600 in cash and then we'd work out a payment plan. On June 21st I went to go pick up the car. He warned me that my air compressor was going. Drove the car 5 miles down the road and the transmission stuck in 1 gear and then I went to a gas station and the car was sounding awful...so I decided to drive it back to his shop. He estimated the fix at 200 or so. Calls back the next day and suggested that they bypass the air compressor and we agreed. June 23rd went to pick up the car and everything seemed fine then on the interstate about 20 miles later the car suddenly overheated and the car dropped speed rapidly I pulled over asap.I realized the cars fan was not functioning I had the car towed to my home and I can start the car but it won't reverse and the engine makes a terrible noise. I called him at the shop and he said to bring it in but it was gonna cost me. He said it sounded like the engine was blown. I am wondering if I have a case with this I have only paid him a total of 700 dollars but the situation has been nothing but worse. And the car was in really good condition originally. I would like to just get my money back. Because now I am out a car and I still owe him 600 dollars. But it seems that nothing was fixed. Can I take this to a small claims court?