Legal Question in Credit and Debt Law in Texas

auto repair and storage fee disputes

On 7/12, my 18yr old niece dropped off her car for a clutch repair.No work order form was filled out. The mechnic wrote her name,ph#,clutch repair on a spiral notebook. The mechanic never called to say the repair was completed 7/15.She called after 1 mo.because she did not have the funds to pay for the repairs of $425 and asked if she could work out a payment plan. He told her to call back later-he was busy.She contacted him again and he said to call back later.He eventually called back and informed her he was filing to take possession of the vehicle because of no payment.When I stepped in to help her out her agreed to $800, then changed it to $1200 for storage fees of $15/day x 45 days. He allowed me to pay for the car with a credit card after I wrote that I would not do a ''cash back'' on him. Upon obtaining the vehicle, he had repaired the ac,installed speakers,the floor mats and ashtray were missing, and damage to thr front right portion of the car was noted. He admitted that he was going to sell the car. Can I do anything to recoupe my losses for unauthorized work and storage fees?I took possession of the car 8/31/01.He started charging fees just about the day he says the car was ready.


Asked on 9/05/01, 7:25 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: auto repair and storage fee disputes

The mechanic sure could use some training in customer relations. However, the clutch was repaired for $425. He was entitled to charge $15 per day for storage after the repairs were completed. 45 days would be $675. That leaves a difference of $100 for the repaired A/C, which isn't too shabby.

Ask for return of the floor mats and ashtray, and price out the cost of repairing the right front portion. Then discuss those damages with the mechanic. If push comes to shove, your niece may sue him in Small Claims for the damages. She doesn't need an attorney for that, and you can't do it for her.

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Answered on 10/24/01, 7:57 pm


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