Legal Question in Civil Litigation in Michigan

Recently I had been browsing Craigslist for a transmission for my 2001 Chevy Camaro SS. I ran across a add by a man claiming he would remove, rebuild and re-install transmissions for $900. I contacted him via e-mail from craigslist. He had stated he could and would do mine for the $900. I got his phone number and info I could to make sure this guy was legit. Well, this where the basics of being legit stopped. Before taking my car to his shop I found that his shop was a shop ran out of a storage unit called Evergreen Storage in Grand Rapids, Michigan. He had explained to me that he had signed some contract with a company saying that he could not open a shop that was advertised due to a clause in some paper work he had signed for 7 full years so he was operating out of a storage unit to bypass the clause of the paper work. This was a little fishy, but I understand that people sign paperwork limiting when, where and how they can perform work so I was ok with it. I set up a time to drop my car off to him as I work 2nd shift and had to drop it off before I went to work. The time was set for 1PM on May 26th 2010 so he would have it done and returned by the morning of May 29th 2010. The date was set for this time as there was important car show I was to be involved in and also since my wife would be going for a scheduled C-Section for our 4th childs birth. My wife and my mother followed me as I live in Holland Michigan which is about 25-30 minutes away from his location in Grand Rapids. Upon dropping the car off at the time he stated, he was not even there. He asked me to drop the keys off to the lady that ran the front desk of the storage unit to give to him. She stated he was not there and she was not his secretary as she was obviously knowledgable of him doing work out of the storage unit. I called him on his cell phone to find out he was checking on a building across town to open a new shop as his seven year term was coming to a end. He asked for me to leave the keys under the floor mat of the vehicle so I did so and left. After calling several times for updates as to how progress was going on my car he finally answered the phone and said he would add a shift kit to the transmission for another $75 and explained that he would have it done on Friday the 28th of May 2010 by 2:30PM. This was the date my wifes C-Section was scheduled. After my baby was born in the morning I waited at home for him to call me to come get it. I waited all day and night and called him several times with no response at all till he finally called me at 10:30PM explaining he was not quite done with it and it would be finished by 7:30AM Saturday May 29th 2010 so I could attend the long anticipated car show I was registered to attend. I was not happy about this, but I agreed. I called him again a few times on the morning of the 29th of May 2010 with no response. At around 10:30AM he finally called me back and said he would he was not going to be able to finish it and he would return after the Memorial Day weekend to work on it and have it finished Monday May 31st 2010 later on at night or on Tuesday June 1st 2010 in the morning. By this time with all the unanswered phone calls, delays in progress, and being told different times, different dates, having my plans ruined repeatedly, etc. I was getting upset. I was calm about it though as I wanted a good job done by him and my car returned in one piece as soon as possible. Come Tuesday morning with still no phone calls I tired calling him again with no answers. I went to the store for a few items and he called and talked to my wife while I was gone. When I returned my wife said I could come pick the car up at 9:30PM from him and to call him. I called him and he said the car was together and would be good to go at 9:30PM to come pick it up from him at that time as he had a few things left to tweak on it. So I had my mother ride with me to pick it up from him. Upon arriving there he was not there again, but his partner was. His partner said he was going to take care of the final transaction with me. I agreed as I just wanted my car back in one piece and be done with this whole transaction finally. I had to make out my own reciepts as there was none printed up. 1 was for materials for $225 and the other was for labor and rebuilding the transmission for $700.The assistant told me that he had test drove my car and almost lost control of it in the storage unit areas, and it ran fine. Although I was upset that someone was almost wrecking my car and this sounded very unprofessional I wanted to just be done with it all. Finally the guy I had been working with showed up and I had him sign the receipts for work done. He was in a hurry to leave to supposedly go get his wife some Chinese food to take home to his wife and close things down as it was almost 10PM at night and dark now. He stated I had a 1 year unlimited miles warranty on the transmission and left. I got into my vehicle and got no more than a block from his area of work and the transmission was grinding and crunching. I drove to the nearest gas station and called him from my cell phone to his cell phone. No response as normal. Upon looking at my car at the gas station there was oily hand prints all over the car from them crawling in and out from under the car and steering wheel was full of grit and grim as well. I was outraged that it was returned in this condition. I tried calling again to see if he would answer the phone with no answer yet again. I had my mother begin following me home from the gas station. He finally answered his phone as I was on the interstate on my way home. He claimed he had forgot to re-install one of my brackets on the car and that may be the problem then when asked to re-install the brackets and make things right as the car was crunching and grinding his phone went dead and he would not answer the phone again, nor has he since and it is now June 9th 2010. I have even called his partner to try to get the problem resolved and in contact with this guy. His partner answered the phone the first time as well, and has never answered or responded to me since either. They never returned or showed me my replaced parts either, and are still holding my bracket they claimed to have never re-installed on the car. I want some kind of justice here as I feel I was promised much and received very little of anything for the $975 I paid for the services that I feel were never rendered to me. I have phone records printed out, and a couple of witnesses for different things pertaining to the case. I also have copies of him offering new transmission work on Craigslist and copies of other people who have had problems with him complaints on Craigslist as it seems I was not the first or only one with similar problems with him. I even have talked to other individuals that know of his work. I would like some kind of rectification here and I am not sure which route to take, or even if I have a leg to stand on with the court system or suing him or anything. Any advice or help would be appreciated. Thanks.

Chris

Holland, MI

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