Legal Question in Consumer Law in New Jersey
Auto malpractice
I recently took my car in to a mechanic to sort out a problem i was having.He told me to replace a certain part which did not solve the problem.He took it to another mechanic with more suffisticated equipment.I was told that i neeeded to replace yet again another part,a very expensive part.I paid the first mechanic $300 for replacing the first part.The second mechanic after replacing the other part still did not solve the problem.The third option i then insisted to get at a scapeyard.This cost $60 and was the problem with my car.I was handed a further bill for $1375 for a $60 problem.I didnt know what to do so i stopped the second check.I am furious and need advice.
1 Answer from Attorneys
Re: Auto malpractice
You can dispute a bill, but stopping payment when you have an obligation, even disputed, is potentially a real problem. While you can try to fight the bill, failing to pay can be a "theft of services" and they can refer the case for potential criminal prosecution.
There are protections for both parties in auto transactions. The mechanic has a lien on the vehicle for repairs and can retain the vehicle until a bill is paid. On the other hand, you have to be given a written estimate for most work. Thus, if the repair was not fair, you would have a defense.
Since you have put yourself in a bad position, I might suggest that you try to negotiate something with the mechanic or pay the bill under protest and then challenge the charges. You can discuss this with them perhaps. On the other hand, if you do nothing the best case scenario is that they know they did wrong and do nothing, which is likely wishful thinking. Other options for them is to put you in collections or seek criminal and civil damages against you.
I understand that you are aggrieved. But giving a check, a promise to pay, and reneging while still receiveing the benefits has significant legal ramifications.
I hope that you find this of assistance.
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