Legal Question in Consumer Law in California

Auto mechanic woes

I have a few cars in the posession of an auto mechanic. He did not complete repairs on one, failed to repair a warranteed engine issue on another, and failed to inspect the work he did on a third which also had problems 1 week after I got it back.

He has kept making excuses for the delays, and I have been patient. Now he is telling me he will NOT warranty the work he was supposed to, he will not finish the car he partially repaired, and he will not inspect the third one much less repair it.

He has also sent me a notice saying he is liening them because I ''abandoned'' them, and owe him around 2,800. None of this is true.

What is more, I didn't know until recently that he has been operating without a business license for probably the past two or three years, and still has none.

The first thing I want to know is how do I prevent him from taking permemant posession through lien of these cars?

The second thing I want to know is how can I get him to do what he guaranteed, or get the cash amount for that work so someone else can repair them *properly*?

Thank you.

-JA


Asked on 8/29/06, 4:04 pm

1 Answer from Attorneys
Phillip Cooke Law offices of Phillip A. cooke

Re: Auto mechanic woes

You have a small claims court matter. I would suggest filing your claim in small claims court after documenting your damages and asking him to pay them and to return all of your cars (in writing, keeping a copy).

If he sues you, you need to respond in writing and file your response with the court. If he pursues a Department of Motor Vehicles action you need to respond to that in writing putting forth the true facts.

You may file a complaint with the bureau of automotive repairs and should do so. (Do not threaten to do so, just do it.) It is not legal to threaten such action.

You need to stay on top of your deadlines and after you get a judgment try to collect, but as part of your request for judgment, you should request return of all of your cars.

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Answered on 9/01/06, 2:04 pm


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