Legal Question in Civil Litigation in Pennsylvania

Garage has had car for almost 3 yrs

I own a 1992 Audi 100 S. It is a beautiful car. It developed tranmission problems and I took it to a transmission shop in Hastings, PA (as I lived near there at the time.) That was in Sept of 1999 and he still has my car and it still is not fixed!

I did all the running around and calling for parts and finding the sensor that the transmission needed. When I would call he would say it would be another couple weeks.

I was forced to buy another car in Jan. 2000. Until then, I depended on rental cars and my boyfriends cars.

I�ve had several offers to buy the car and it is depreciating more the longer it�s down there. Now I have the added problem of paying a tow bill for at least 250 miles to have it brought to me where I have some hope of getting it fixed.

And as of June 2001 the car is still not fixed and it is still at his shop.

What are my legal actions?

Thank you,


Asked on 6/27/01, 9:48 am

1 Answer from Attorneys
Matthew Nahrgang Nahrgang & Associates, P.C.

Re: Garage has had car for almost 3 yrs

I suggest you obtain an attorney for leverage.

Your legal right is to sue for breach of contract and/or conversion. The statute of limitations on the former is 4 years and the latter is 2 years. The question on the latter is, at point may it be said that he took your car? My opinion is that once you demanded it back and he refused to give it, that would be the date of conversion. It is the civil version of theft and your damages would be the value of the car when it was taken.

Regarding the breach of contract, you had an agreement hat he would fix your car within a reasonable time and he has failed to do so. He is liable for the damages for failing to perform.

Since litigation can be time-consuming and expensive, it may be more helpful to simply have an attorney involved. Negotiation which involves the suggestion of litigation is a useful tool in obtaining a compromise.

I trust this has been helpful, but feel free to call or e-mail with any questions.

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Answered on 7/03/01, 9:00 am


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