Legal Question in Credit and Debt Law in Pennsylvania

Try to consult a consumer law attorney - this is kind of outside my area.

What exactly are you seeking that you would file a complaint? Are they holding your car? Did you pay them and are seeking a refund?

NC has a motor vehicle repair act - I am not aware of anything like that in PA other than the PA version of unfair and deceptive trade practices found in 73 PS � 201-1 - � 201-9.2. The act gives a consumer a private cause of action to sue for up to 3 times the damages and attorney fees if a violation is established. The act defines what constitutes an unfair/deceptive trade practice.

I perused the act and it does contain some language that looks like it might help. To maximize your chance of success, I would get a consumer attorney, especially since attorney fees are recoverable if you win.

I'm not sure what exactly the facts are and why your estimate was for labor only. That is not how mechanics should work. When you have a car problem and take it in for diagnosis, anything substantial (say over $500 or maybe even over $300) should appear on a written estimate that should include parts and labor. While its possible for a mechanic to find extra problems when they get into a job, the proper thing for them to do is stop work, call you and tell you what they found and why the extra costs/repairs need done. It should then be your choice whether to do the work or not. $1000 is a lot of money depending on the age of the vehicle, what its worth and so on. If you have an older car worth $2000 then its not worth spending $1000 or more for repairs.

Anyway, if you have your car, then take it to an independent mechanic. Have them go over your car as well as the estimate from the first place. You said the work is not done. You need to find out what wasn't done, how much it will cost to fix and whether this is part or should have been part of the first work order. You also need to make sure that any work that was done was done correctly. The first mechanic is entitled to be paid for work they actually did that needed to be done that was done correctly and which was part of the original work order to which you consented.

If you have overpaid, you can seek reimbursement. If anything was done wrong, then you can seek recovery for what they screwed up. Take pictures of any defective parts/workmanship or save the bad parts and bring them to your hearing as part of your evidence.

You will have to pay the second mechanic for the detailed diagnostic report. The mechanic should be willing to testify in your defense too. You can tack these costs on as part of your damages if you win.

Depending on the report, you would be better off paying a lawyer to then write a letter to the first mechanic with your damage demands and see if that will produce a resolution. If not, then the lawyer can file suit.

If this seems like a lot of work, it is. You are free to obtain another opinion from a consumer lawyer. However, if you want to maximize your chance for success, you will be better off doing this than just filing a small claims action on your own without any proof to back you up. Some magistrates like to see that the parties tried to work this out before coming to court. That is why the lawyer letter will help - it will show the magistrate that you tried but the mechanic is just being difficult.

Next time - only use an ASE certified mechanic - its not a guarantee but it will help eliminate the shysters. And always get a written estimate before work is started that includes parts and labor. If one estimate seems high, get another to make sure that the repair estimates are in the same ballpark.