Legal Question in Product Liability in California

Is this something for small claims - repair shop that charged but did not fix pr

(Small Claims) I brought my fax machine in for repair. Paper jamming and not feeding. Picked it up and paid $85. Problem still there. Returned it and month and a half later told that it cannot be fixed as they just gave it an extensive cleaning and service (invoice states) and will not return the money. They say they warned me about it (not true and not stated so on the receipt/invoice). Is this a Small Claims court issue?

I have not picked up the machine.


Asked on 5/25/04, 4:52 pm

2 Answers from Attorneys
JEB Pickett Wynne Law Firm

Re: Is this something for small claims - repair shop that charged but did not fi

It would be a small claims court matter, but before proceeding with that route, contact the manager and ask why they are not refunding your charges and where their written policy is located for such a charge.

As a word of warning, this charge is usually industry standard and you would likely not recover the money in a small claims court action. Most electrical repair shops charge about $75- $90 to look at the unit regardless of wether or not it can be fixed. They usually have to invest some time to discover the problem and determine if it can be fixed and they charge a flat fee for their time spent in doing so. They would otherwise make no money if people just walked away from un-repairable devices on which they spent 1-2 hours examining.

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Answered on 5/25/04, 5:02 pm
Phillip Cooke Law offices of Phillip A. cooke

Re: Is this something for small claims - repair shop that charged but did not fi

Yes

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Answered on 5/25/04, 7:09 pm


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