Legal Question in Business Law in California

Auto Repair - Damaged parts and faulty engine.
I had a "Rebuilt" engine installed in my car. The repair shop damaged many parts and the the engine they put in has anti-freeze in the oil, there is engine noise, knocking which turns out to be bearing damage. We paid with a VISA credit and put the charges in dispute, which only delays the time we have to pay. Our 120 day time to hold the charges in dispute is about to run out. If we have VISA Debit their accounts what is our liability. We have a small claims court date of May 14. They decilined the last judge pro-temp, for a permanant judge. At the time theyl sued us in January, VISA already paid them and called their banks. The banks said there were no holds on those accounts and they had access to those funds from January to March 15. How do we defend that in court???? We filed the day after they did as we want our money back for the faulty engine and $1745 for the damages incurred at their shop. They are only will to take responsibility for $745 and they say all the rest was pre-existing. We have parts, pictures, written document of all the things that were damaged and installed incorrectly form repair shop B. What is our best defense, and if VISA debits their accounts are we liable for more trouble???

Asked on 4/03/99, 9:45 pm

Ken Koury Kenneth P. Koury, Esq.

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Re: Auto Repair -

I think your best defense would be to have a good mechanic examine the car and then appear personnally in court to testify for you.

Ken Koury

Kenneth P. Koury, Esq.

5807 Topanga Cyn Blvd., Suite G-201

Answered on 4/10/99, 12:19 am

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