Legal Question in Legal Ethics in Arizona

A mechanic, in Phoenix, AZ has been working on my truck for almost 3 weeks now. I brought it to his shop, because it was constantly stalling out and leaving me stranded. I work (and live temporarily) in Tucson, AZ and got it to this particular shop from previous referalls. After the 1st week he told me the truck was fixed and I paid him the $600.00. I started to drive back to Tucson and 10 miles out, the truck broke down, again. I had it towed back to the shop. Now into the 3rd week, and hundreds of dollars more due to hotels, buses back to Tucson, etc... this mechanic hasn't fixed the truck, yet. Last Friday when I got a ride back to Phoenix to get the truck, I was told "not ready" and "not sure what's wrong, but now it's running worse and only on 4 of the 6 cylinders. I had no choice but to sleep in my truck that night (running out of money) and this mechanic would not give me my key back. Just unlocked the truck and said "sleep well"!!!

I want to go and have my truck towed out of his shop and need to know if there is anyway he can legally keep me from doing so. Needless, to say, I am fed up with his unprofessional behavior, and would like a chance to take my truck somewhere else. My wife (living in Las Vegas) will send me her spare key, but want to know how to handle this situation.


Asked on 6/21/11, 5:49 pm

1 Answer from Attorneys
Randy Lang,J.D.,Atty. Office of the Prosecutor SCAT

Have the Police and a towing company of your choice meet you at the mechanic's shop for saftey and as witnesses.

Once there with the Police and towing company terminate the mechanic's services and have the towing company tow the vehicle with all of its parts to a location that you will have control over the vehicle or to another mechanic's shop to have it diagnosed and repaired.

Hire a local attorney and after the truck is fixed sue the first mechanic for fraud,negligent misrepresentation and negligence and recover your damages.

Cordially,

Randy

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Answered on 8/02/11, 6:01 pm


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