Legal Question in Civil Litigation in Kansas
My car broke down in december and i needed a new steering rack and pinon. A friend of mine reccomended a mechanic that could fix for me faster and cheaper than a garage. The part for my car used was $150 and he told me to go ahead and pay 185$. I paid him 200$ upfront and said I would pay him the other 50$ when he finished. It took him an entire month to fix the car knowing i had no other vehicle and missed some work because of this issue. When i called him over the weeks he said he had to go to colorado and then the parts weren't right so he needed new ones. Finally he told me he would get a refund for the part and that i needed to pay for a new one. So i paid $280 for a new piece on top of the 200 I paid already. A week later he said it was fixed but that i needed to bring another 20$ on top of the 50$ I owed because he scaped up a tool on my car. So i paid him the 70$ to just get my car out of there. When I got the car it was undrivable. The brakes were loose, there was a huge knocking noice, and i had to take it straight to a garage to fix the car after getting it from him. I paid 230 dollars to the garage to fix what he ruined. Now my power steering has a leek and the belt cause me to pay another 250$. A different mechanic told me that the way the steering was put in caused these other parts to not work. It has now been three months since I have gotten the car back and have still not received my 150$ refund for the first steering rack. He wont call me and I have went to his house several times. I finally told him i needed back that money and he said he'lll call me, but no call. I told him i am looking into small court. Can I sue him for all the money i've had to spend for these parts plus the money he has not refunded me.? I also don't know if he's told the IRS that he works on cars at his home... So he could get in trouble for that. These charges for this car has set me back on bills very badly and has put me in debt.
1 Answer from Attorneys
Under teh facts you described, it appears that you may sue in small claims court for the refund of the orignal part and the cost to fix the damage caused by the "friends" mechanic.
Good luck