Legal Question in Business Law in Pennsylvania

body work no pay

i agreed to do a job for a friend or my wife. I told her it would cost 2200 dollars, the ins estimate was for 3200. i got a 1600.00 doposit for the parts and did the job, I also had her sighn a agreement to do work. saying the total cost of the job. When they asked me how long it would take i said about 5 days, I had trouble getting myt hands on some parts and it took a little longer than i expected on day ten it was told to me that she didnot intend to pay me the whole bill. Can i keep the car until I am paid in full. i was also supposed to start it on 4 day b4 i got the car. b/c it took extra time i agreed to pay two days for the rental car toataling 70 dollars. the 9 days prior had all been at a discounted rate of 20 dollars. am i entitled to do this.


Asked on 1/08/09, 12:50 am

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: body work no pay

You asked about not getting paid for work completed.

The answer to the first question depends on whether you do this type of work regularly for profit and are licensed. If so, then you have two issues. Yes, you can refuse to release the car in a mechanics lien. If you aren't licensed and don't do this work regularly then you could also hold the car. If you aren't licensed and do this work regularly then you could not hold the car.

There is also the issue of the insurance payment. It is a fraud to play with the insurers money as has been done. If she got the work done for less than the insurance payment, then by law she must remit the overage to the insurer. To keep the money is theft by conversion or fraud.

As to the rental vehicle, not your problem. She needed a car and just because you were delayed by an external force does not make her rental your problem. She did not need to rent a car, and your agreement to pay is probably unenforceable, because she didn't provide any consideration.

Hopefully, your wife sees this person for the cheapskate fraudster she is and dumps her as a friend.

Regards,

Roger

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Answered on 1/08/09, 9:25 am


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