Legal Question in Credit and Debt Law in Texas

Sued for cancellation of payment

I�m being sued for having my credit card company �stop payment� on work performed on my vehicle. I contested payment made to a mechanic for work done on my vehicle 2 years ago. My credit card company notified the mechanic that he need to respond to my accusations. He never responded did. I received a credit for the amount and heard nothing else about the situation for 1 year. The same time the next year, the mechanic tried to submit the same charge from the previous year to my credit card company. I called my credit card company and explained that it was an unauthorized billing of the same amount to my card and explained the previous problems. I received a credit and heard nothing more. I was then served a notice to appear in small claims court for the previous �stop payment�. Now I�m being sued for the original amount. But, also for accrued interest. My question: If the mechanic and his company never responded 2 years ago when I first contested the billing. Is it possible that he could still get the original payment, even though I can prove his non-response and about repairs done by other mechanics to fix his work? Would he also be able to receive the interest accrued, even though he didn�t respond 2 years ago?

Thanks


Asked on 3/03/04, 6:05 pm

2 Answers from Attorneys
Sharon Campbell Sharon K. Campbell

Re: Sued for cancellation of payment

I don't think what happened with regard to disputing the charge with your credit card company is relevant to the current dispute. You will have to win this on the merits. Why is the mechanic not entitled to be paid? I believe you made reference to other mechanics having to fix his work. You will need the testimony of those mechanic(s) to support your defense. If the judge rules in mechanic's failure, he is probably entitled to interest. If you win, its not an issue.

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Answered on 3/03/04, 6:34 pm
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Sued for cancellation of payment

It is not possible to give you a complete answer, since not all facts are known. However, you should be prepared to refute the garage's allegations with a witness or other good evidence that the original work was not properly performed. You can also argue that the delay to respond worked to create detrimental reliance on your part due to the fact that the mechanic agreed with your protest. Note: at small claims court you will probably have a chance to discuss a settlement with the mechanic. If you cannot come to a settlement then you will have a short trial in front of a judge. Make sure you explain your case in good detail, and have supporting documents and if possible a witness or a statement from another mechanic who was familiar with the original work. Remember that you can always appear the decision of the judge in a new trial in district court.

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Answered on 3/03/04, 11:10 pm


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