Small engine repair fiasco

Chicka62

New Member
Jurisdiction
Oklahoma
I'll try to be brief..Contacted individual who stated did small engine repairs. Talked on phone, explained 4 different items, 4 different problems..He agreed to pick up equipment on 20th of month. When arrived, took possession of all equipment, went over again what needed to be fixed on each piece of equipment, told him that if repair cost was more than half the value of new equipment, I wouldn't repair. He was given a list of issues for each piece of equipment, 1) pull cord replaced, 2) PTO cable replaced, 3) self propelled belt replaced and 4) would not turn over. I asked for estimate, stated when got it home and checked out, he would let me know...about 10 days later, he sent me picture of #2's blades and said needed replaced, he couldn't Sharpen I agreed got new blades when I looked up cost for brand, high end 45.00..then he advised me, needs new belts, 2 of them, and oh by the way he drained gas tank and he thought 1 year old battery was dead..I advised that the safety sensor acts up sometimes..and battery was fine. Asked if belts needed to be replaced, he stated wouldn't last, so agreed to new belts as he sent picture of completely disassembled mower. Also, for 3)propel, ordered belt and replaced pull rope, when questioned why, he stated it broke upon starting. He then stated parts would be in Friday. Several days later he tells me 110.00 for lawnmower repairs, but the engine blew up on #1 lawn mower that was just supposed to replace pull rope. Then tells me he tried to fix carburator and when testing out, when engine blew oil out of carburator and engine was dead.. So now he tells me #4, he tuned up and replaced belt. Here it is another 10 days later, nothing is fixed, I ask how much longer because he told me 110.00 for walk behind mowers and 443.00 for riding lawn mowers. And then he says 110.00 each walk behind mower and 60.00 an hour labor!! So I ask we are waiting on parts, so looking at 750.00, he texts back Yes, he shouldn't need anymore parts..I ask him if I'm paying for the engine he blew up? He said yes, and he'd look for another to repair to replace it, but will cost more $, I said no..Needless to say as nother few days goes by, he texts me he had a bunch of $ tied up in my mowers and he's broke, I text him back that I was out of town and if he'd invoice me through messenger, I could pay him ...he won't take payments, through messenger, pay pal or Google payments. I asked again for an invoice and then tells me nothing is running yet. Ask if will be ready in next 10 days or will have to go buy a new mower or pay to have grass cut. He wants cash or a p2p payment to a website/app never heard of, I tell him not comfortable with that as large sum of $$. A day or so later, he sends me an invoice for 110.00 but no business name etc on it. I told him I needed business name/tax I'd on it, to identify whom I'm paying. He stated I didn't charge you tax so your not getting a tax I'd. Then he goes on about how I'm not paying him,etc and tells me he's on disability and this is a side job to make extra money. I told him again I needed a proper invoice to pull money out of bank. Then he tells me it's all done, sent me copy of business card, told him fine I had 110.00 cash and would pay the invoice sent to me, when would he drop off all equipment. He then comes back, and says 2 pieces of equipment not ready. Waiting on parts...Then he invoices me 4 invoices with last months date, about $1,000 and states he won't bring equipment unless I pay him first..I talked to a paralegal, who spoke with attorney and said file small claims replevin, when he contacted me again, told him spoke attorney office about replevin, and he is invoicing me for work I didn't ask to be done and about 400.00 more than he said it would be...he said he didn't care about attorney, he could sell the equipment to cover the bill. Then I get another diatribe about what s good guy he is, pay him his money and he had customers that willingly pay his prices and don't abuse him....asked again when he's bringing equipment, and told him if he would've told me 60.00 an hour labor, no work would've been done....Not all the Gorey details, but can provide more. Can I replevin my equipment? Can I small claims him for the financial excess after agreed price? Total value for all 4 pieces equipment before he got hold of it, probably 550.-600 figuring for depreciation and looked up similar equipment on for sale sites..
 
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Can I replevin my equipment?

No, but you can go to court, file a motion for replevin, make your case before the judge, the judge will decide.

Can I small claims him for the financial excess after agreed price?

Not only is small court available to you, its available to anyone who files such a case and pays the necessary fees, appears in court, argues their position, a judge will eventually decide.

Total value for all 4 pieces equipment before he got hold of it, probably 550.-600 figuring for depreciation and looked up similar equipment on for sale sites..


You'll have to PROVE the value of your items, which often requires more than an assertion of value.
 
No, but you can go to court, file a motion for replevin, make your case before the judge, the judge will decide.



Not only is small court available to you, its available to anyone who files such a case and pays the necessary fees, appears in court, argues their position, a judge will eventually decide.




You'll have to PROVE the value of your items, which often requires more than an assertion of value.
Thank you for your insight! I'll do more research and get documentation ready!
 
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