Legal Question in Real Estate Law in Florida
Can I sue a mechanic (2) that agreed to do work on our vehicle but did not do the work & also has taken parts of the engine out?
He has had the vehicle for 6 wks. when it should have taken a couple of wks. so every time we'd call there would be something else that was supposedly wrong (taking more time), still being patient we said okay & said just keep us updated every couple of days - he did not! We only have the 1 vehicle & my husband has lost allot of overtime which we do count on to make our bill which we are starting to fall behind. We've called & left messages for him with NO reply. So we call the other mechanic (1) because he was the original mechanic we went to but could not do the job alone because he did not have an engine hoist. (1) had to call a couple of times & when he finally got him on the phone (2) ended up hanging up on him. Then the next day tells (1) to come & get the vehicle - he can't do it! We've given $1,100 towards getting it fixed and not only is it NOT fixed but he has also taken parts of the engine out that (1) says there was no reason for it. So now we still do not have our vehicle & it doesn't even run!
1 Answer from Attorneys
I don't why this was put as a real property question, but oh well. You have to act now and do something to resolve this because a judge at this point will be wondering why you did not do something sooner. In any legal problem, there is always a window of time to do something or not do something: If something happens too quick or if something happens too slow someone could be held accountable. What this means for you is that yes you have a valid complaint and you should be compensated in some way. But if you take too long to complain, then the court will have the attitude that at some point you made the situation worse than it needed be. The best example I can think of is if you were injured in a car wreck, you had some injuries, but instead of seeing a doctor and a injury attorney right away you went back to work doing hard manual labor and made your injury worse. That part of it would not be the fault of the driver who hit you.
I would write up a time-line of what happened when, so you have the facts straight. Then I would send a certified letter (so they cannot say they never got it) to both mechanics basically saying they have had your car for a long time, it is not fixed, you paid money, it still is not fixed, you lost money missing work, you've called many times etc. Make it precise and too the point. Do not elaborate on EVERY little detail. Tell them if they don't have your car ready in 7 days--not 1 day and not 30 days, but something in between that you will have the car towed somewhere else, someone else can fix it, and they can pay for it. Tell them it has to run right, that your are billing for the time away from work starting 2 weeks after they had it because they should have only needed 2 weeks, not 6 and that the clock is ticking. Keep a copy of this letter. Use a copy machine. Date and sign it. Get paperwork ready, download small claims court forms. File the complaint with clerk, get it time stamped, keep a time stamped copy for yourself; ask the clerk in county county court about getting the complaint served to mechanics. Tell clerk you never sued anyone before. Don't tell the clerk the whole story, just tell them you want to sue and you have never had anyone served before. Mr. Misdemeanor. "In your corner."