Legal Question in Credit and Debt Law in Georgia
I took my 2004 ford truck to a gargae to fix the motor he charged me $ 4026.00 it broke down 3 days later, he told me if I brought it back he would fix the truck for $ 700.00 labor and the parts at his cost which he priced me at $ 2300.00 well it costed me $ 3065.00 the truck tore back up the next day after I picked it up I was advised to stop payment on the check and see if he takes me court and then I can counter sue him, he is taking me to court what advise can you give me, and did I do the right thing I know its to late now, but what do you think my chances are of winning the $ 3065.00 is all I have to try to get someone else to fix the truck now.
1 Answer from Attorneys
I have no idea what your chances are as I have seen no documentation. I also am not a mechanic.
This is not a credit/debt/collection issue. Its more of a consumer claim and you should not get legal advice from well-meaning non-lawyer friends. They gave you bad advice. I hope you did not stop payment on the check.
What I would do is take your truck to another mechanic. Do you still have the old parts? Were the replacement parts new or used? Have the mechanic do a thorough inspection. It could be that the parts were installed correctly and were just defective. In that case, the issue is with the supplier of parts, not the mechanic. It could also be that the mechanic did the work poorly. If so, find out what it will cost to repair the truck and get it working again.
You also need to find out why the truck "tore up." Again, was it the mechanic's fault because he did something wrong? Or did something else break and cause a malfunction?
You need to get this second opinion in writing and have the mechanic willing to testify that the first guy screwed this up. If you establish wrongdoing/negligence by the mechanic, then you get your damages. You have to prove those. Again, you need a mechanic to testify as to what it will cost to fix the problem.
You can sue in GA small claims for up to $15,000. You sue in the county where the mechanic is located. If this guy is incorporated or is an LLC, you sue the business. If he is a sole proprietor doing business as Jim's Truck Repair or whatever then you sue him personally.
To help you with all of this and maximize your chances, I would at least pay for a consult with a local GA consumer lawyer.
Good luck.