Legal Question in Civil Litigation in California

Unliscenced autobody repair
Is it possible to recover monies paid to a friend for autobody repair when he did not do as we agreed on. It has been over 4 months, when it was agreed to be less than 2 months. Many dings and dents still exist after it has been painted. I went to pick it up from his house, and he demanded I pay the balance now, and he'll complete the job at a later date. Agreement was half up front, balance at completion. So I refused, he would not let me take my truck. I called the sheriff, they came and told him to give me my truck, he had no right to keep it. Not allowing me to step on the property, they pushed it out of his back yard, and intentionally keyed the paint all along one side, and on the roof. They have no liscence and do auto body in a residential area. Am I entitled to the money I paid and the costs of the repairs they damaged?

Asked on 10/29/02, 6:11 am

3 Answers from Attorneys

Alvin Tenner Law Office of Alvin G. Tenner

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Re: Unliscenced autobody repair

You can and should sue in small claims court.

Answered on 10/30/02, 12:47 pm

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Martin Lathrop Russakow, Ryan & Johnson

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Re: Unliscenced autobody repair

Well, you certainly can seek reparation for the damage they did to your car and the unfinished work. I suggest you take the offending shade tree mechanic/autobody guy to small claims court. Additionally, you can report him the California auto repair licensing body and the Air Quality Management Department as they are very interested in body shops and their regulation. Good luck-Martin

Answered on 10/29/02, 2:53 pm

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