Legal Question in Consumer Law in Illinois

About two weeks ago we took our car in to get the air recharged. The mechanic fried our computer chip by putting power on power. We have been waiting for almost two weeks for our car. Now that it is fixed he wants us to pay for the new battery they had to put in our car old one worked just fine before he fried the chip and he wants us to pay for a new key they had to make when they put in a new computer chip. All of these problems were caused by the mechanic. He was suppose to recharge our air instead he fried our computer chip and doesn't want to pay for the damages he caused. He is holding our car hostage. What should we do?


Asked on 8/12/10, 7:43 am

1 Answer from Attorneys

Have an attorney write the mechanic a letter that he will be sued if he doesn't return your car in running condition (as prior to the re-charge) as long as you pay only for the work that was ordered. The mechanic is relying most likely on the right of a mechanic to withhold your goods until paid, and could claim that the car was defective when you brought it in. You can also file complaints against him if he has any licenses or with the BBB, or with the Illinois Department of Consumer Fraud and Protection, but those may not get your car back fast either. You could consider paying and then suing, but if you sign off on paperwork saying everything was ok as paid for, you will kill your case.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 8/17/10, 7:58 am


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