Legal Question in Credit and Debt Law in California

My wife was rear ended while making a left turn. I took the vehicle to the garage and asked them to do 5 things; check the engine, check the rear axle, check the brakes, align the wheels and 4 new tires. They waited for the insurance to appraise the damage, then did about $8500 in repairs without my authorization. I had to give them a $6900 check to get my car back, but a couple days later the car wouldn't start and I had to do extensive repairs myself to fix things they didn't fix correctly. I put a stop payment on the check! They gave it to a collections agancy who is now threatening to charge me with fraud. I think the judge would be sympathetic but what do you advise?


Asked on 2/14/11, 12:02 pm

1 Answer from Attorneys

Steven Simons Law Office of Steven A. Simons

First things first-file a complaint with the California Bureau of Automotive repair for the improper repairs to your car. The shop is required, by the Code of Regulations, to obtain your consent before starting any work. Next, send a dispute letter to the collections agency and demand that they cease contact with you in anything other thna written form. Finally, show the written letters to an attorney that knows the Fair Debt Collection Practice Laws (like my office) and see if there are any violations.

Good luck.

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Answered on 2/14/11, 12:42 pm


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