Legal Question in Civil Litigation in Pennsylvania
I needed some repair work done on a vehicle. An accquaintance referred me to a third party in which they came to pick up the vehicle with his flatbed tow truck 6 weeks ago. After 3 weeks of not having car back which was promised one week and giving him full payment for the job, I started to get a little nervous. Started making phone calls, text etc and recieved no response. Finally they started communicating stating that issues have come up and one more week, one more week....turned into 6 weeks, had to retrieve car myself with tow truck and police escort. Had car towed back in pieces, old engine torn out and placed in trunk. They refuse to give money back and also will not return phone calls. Had to lease vehicle for 6 weeks and now purchase a new motor. What legal action can I take?
1 Answer from Attorneys
Based on your description, you can sue them for the cost of repair of the damage they caused to your vehicle, a refund of the fee you paid for work not completed, and the costs of recovering your vehicle.
Some things might not be recoverable, such as your leasing another car - at least up to the point their standard repairs would have been done and before you demanded your car back. After that point, they might also be responsible for the costs of your lease.
I would have to know more before giving a better answer. The main factor in how to proceed is the value of the total damages - with low potential damages you would best represent yourself in Small Claims Court; higher damages would warrant the defense retaining counsel, and you would be best advised to do so as well. Also, you would have to look at recoverability in the event of a successful suit - if it's an individual, even with a judgment in your favor it can be difficult to locate assets to recover from. If it's a business currently in operation, it can be easier.
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