Legal Question in Civil Litigation in Missouri
crooked mechanic
I own a small trucking company and for several years I had a local garage doing all my repairs. I had always paid my bills until I took one of my trucks into his shop to have a head gasket replaced and he decided to take it upon hisself to do alot more to the vehicle than I had approved. approx. $4000 more than I had approved!! To make matters worse several other large shops and dealers told me that it was impossible to have the damage that he had said he'd repaired. I went ahead and made several payments reguardless and of which several were made in cash and I recieved receipts for payment. I had paid my bill down to approximately $1600 when his head mechanic had a guilty concience and came to me and told me that it was all a scam and that he didn't even do the work that he had claimed. So I called the owner and told him what I knew and that I would be doing business elsewhere and he wasn't getting anymore payments. This was 2 1/2 years ago and last week I was served papers that he is suing me. I no longer have the receipts showing my payments and he is showing them in my balance as he is showing like I never paid anything. The employee is willing to give a statement or testify but I can't afford to get an attorney. Any advice?
1 Answer from Attorneys
Re: crooked mechanic
You should hire an attorney. If you really can not afford an attorney, within thirty days of being served or before your first court date file an answer denying the allegations in his petition and a counterclaim seeking a judgment for all of your damages. Send him a copy and note on the papers you file with the court that you did so. Set it for trial. Subpoena the witness.
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