Legal Question in Consumer Law in Georgia

Requested Refund from Mechanic

I have a 2002 Avalanche Truck that broke down a month ago. I took it to a mechanic shop that specializes in Transmissions to determine if this was causing the problem. The mechanic inspected the truck and stated that I needed a new transmission. I paid the mechanice to install a new trasmission. A week later my truck broke down and I paid to have it towed back to mechanic. The mechanic made some adjustments to transmission. A few days later my truck broke down again. I paid to have it towed back to the mechanic. The mechanic stated that it was not my transmission but an electrical problem and he suggested that I take it to a dealership to have my truck diagnosed. I paid to have my truck towed to a Chevy dearlership and paid for a diagnostic. The dealership stated that it was not electrical and that my trasmission was no installed correctly. I explained this to the mechanic and asked for a refund and the mechanic stated that he would not give a refund but will correct the problem. I advised the dealer to replace my transmission because I did not beleive the mechanic provided reliable work at this point. Can I take the mechanic to small claims court and sue for my refund? If so, do I have a chance in winning?


Asked on 2/21/06, 2:12 pm

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Requested Refund from Mechanic

As stated, you can file a lawsuit an present evidence. However, one thing that will not help you is that the mechanic offered to fix the problem. Moreover, even though the dealer stated that the transmission was not installed correctly, you apparently decided to have the replace it and not just correct the work.

You can certainly argue that after two chances you did not trust his work, but based on the few facts stated, it is possible the most you could get would be what it would have cost to repair (not replace) the work.

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Answered on 2/22/06, 9:01 am
Charles W. Field Charles W. Field, Attorney at Law

Re: Requested Refund from Mechanic

Yes, you can sue in small claims court. As to your chances of winning, that will depend on what evidence you can produce. You will need documentation of all of the transactions plus live testimony of the witnesses you support your case. You CANNOT introduce notarized statements. For further explanation, you should consult with a local attorney.

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Answered on 2/21/06, 5:20 pm


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