Screwed over by crooked mechanic, advice really needed!

[Eric Willoughby]

I just bought a great running little 1987 Toyota Corolla from a friend of mine for $100.00, the only thing needed was the clutch needed to be fixed. So, I took it down to a local shop and asked the guy TWICE to give me an ESTIMATE on how much the job would cost and to CALL ME before he did any work so that I would make sure that I was able to pay for it. Well, he went behind my back and fixed the clutch anyways, and now he holds my car hostage for $631.

I went to the Sheriff's Department and talked to the Magistrate seeing how this involves fraudulent practices, and by golly, they said that it is a small claims court matter!! Lazy --deleted--s.

What this guy did was downright sneaky and fraudulent on his part and I have a really good presence of mind to have the car towed off the lot. He did work without any authorization, and I have found out by talking to my dad and other people in town that this guy does this alot. Apparently this is a constant game he is running on everyone.

I really need the car back because I need transportation and I could have had that car fixed for alot cheaper.

Any legal consequences if I went and towed my own car off the lot?

I really hate it when con artists get away with this stuff.

Anyone with any advice or input?

 

[Tin Nugget]

Your going to have to pay it, then take him to court. The problem is he knows you won't get a lawyer, too many $$. If it were mine and I had another key to it I would just drive it off. He knows he is wrong and for 631.00 it's not likely he will take you to court either. A tow truck driver would need his permission to come on his property and tow it. He may try to stong arm you some more by charging storage fees and if you leave it there to long he could apply for a mechanics lein on it but that takes some doing.

 

[mlayers]

I also agree if you have another key. Go down there get in the car nd drive away. After you get it make sure you go to some other garages and get quotes on how much it would cost to fix it. Just hope they are less then what he is trying to charge you. See if he takes you to court if he dose make dang sure you have the other quotes to show tht he charges to much. Plus I hope you have a copy of your agreement so show that you agree on a phone call before work was done. Plus if you get the car from his lot you may want to change the keys so he will not have one to start the car and drive off with it.......Matt

 

[DirtDiggerDaveinMD]

Try talking to your State's Attorney and see what they suggest. I believe that all State's Attorney offices have a consumer fraud department. Did you sign anything while you were there? I had a shady guy here where I live try to pass off a repair authorization as an estimate. Read everything.

 

[Mackaydon]

You asked him twice for an estimate and a phone call. Did he give you that written estimate?
Is a written estimate required by law in your state? As asked above, did he give you a written commitment that he would call? (otherwise it's only you word against his).

Personally, I'd first have a chat with him and see if you could work something out.
I'd never go on his property (tresspassing) to take the car. People have been shot for less.
You might suggest (threaten) you'll go to an attorney and the BBB--see what that gets you.

Don.....

 

[cheese]

First, go back to the police dept, ask for a detective. Tell them you want to report a theft, as I would think this is theft...he stole your car (took it under verbal contact, then breached the contract and will not give you your car back). Theft by deception. If you can't get anywhere, at least get a copy of your filed report, you'll need this if it ever comes into legal light. If they still maintain this is a civil matter, then...

I'd go get it and drive off. If the lot is fenced and locked, wait until he's open, watch for when he's busy and not paying attention, then just slip in the car and drive it off. After this, you may still owe him, but you can get several estimates around town and offer to pay an average price for the job. I don't know if you really would owe him, since he did work you did not ask him to do. You were looking to have the job done reasonably... although he tried to rip you off, which leads me off the inclination to be fair. You'd at least owe him for his parts in your car. Now HE gets to deal with the law and the "civil matter", deciding whether or not to take you to court, and having no collateral against you.

I'm just telling you what I think I'd do. The details can make a huge difference and I am not a lawyer... I operate on principle.

There could be legal issues arise by you taking the car, but in the end it is your car and it is back in your possession, and the mechanic is the one who did wrong and knows it. Like Tin Nugget said, he will probably not take you to court knowing he did wrong and will probably lose in court and incur more expenses by taking you to court. I'd be tempted to get 3 estimates from random garages for the same job, take an average, then deduct %20 for the hassle of having to sneak your car out of ransom, and offer it to him in exchange for a bill made for that amount so he cannot claim you owe more (pay with a check or other way that provides proof of payment). Tell him he can take that or take you to court.

I had two trucks stolen from me by a garage a while back, had to pursue legal action, the guy went to jail and was ordered to pay me restitution. I never got one red cent. Heck, the case handler won't even return my phone messages. I should have gone and taken my trucks back myself before they got stripped and sold for parts instead of trying to do the proper legal thing. You can't depend on the government for justice. You have to go after it yourself or get the shaft.

 

[rwsnc]

I think Small Claims Court might be your best (legal) bet. You don't need an attorney.

I'm not sure about this one but I don't think you can "trespass" on his lot to take your car back. He may have some sort of
legal hold on it... like a lien or something, pending payment. Like I said.. I'm not sure about this, from a legal perspective.

 

[DigginThePast]

"Try talking to your State's Attorney and see what they suggest."

I would make that call tomorrow.

Could be a bunch of complaints made against him based on what you've posted.

 

[RWJR13]

...Taking that car off his lot without paying is called Theft of services....Like walking a food bill or stiffing a taxi and you can be arrested.....Even though he's wrong it would cause more problems for you.....

 

[rwsnc]

...Taking that car off his lot without paying is called Theft of services....Like walking a food bill or stiffing a taxi and you can be arrested.....Even though he's wrong it would cause more problems for you.....

Exactly... I agree.

 

[mlayers]

Yea but the law always help the law breaker. I had someone in my house and they refuse to leave or even pay rent he even destroythe place I had a estimit for nearly $4500 in damages. I took them to small claim court. Yea I won but now try to collect the money he owns. Can not do it. He quit working and now living on welfare. It has been nearly a year now and now a penny from him. I will never rent a place out again........Matt

 

[Monk]

Well man, I'd look at it this way! You only got $100. in the car. If you are like many you've lost more then that on a hand of cards. But if you really want the car, I wouldn't steal it off his lot. Go test drive the car and see if it's really fixed? And if it is, eather pay him if you can't talk him down in the bill. ( If you think the car is worth the value to you still.) or walk away and have a learning experience. And tell everyone of your friends a place to stay away from. He won't be in business long, as the word gets around. That's why a Business that wants to stay in business has learnt the costomer is always right, even if it cost them a few bucks.

 

[XL-PRO PRO]

The parts for this job should cost no more than $150.Book time to replace clutch should be no more than 3 hours.That works out to around $150/hr.Signed authorization for repairs is required in most states.If it is in your state take an officer and demand your vehicle or proof of authorization.Once you have possesion of your property it would be up to him to prove you owe him anything.Good luck!DBULL

 

[heepiepow]

I think Small Claims Court might be your best (legal) bet. You don't need an attorney.

Yeah I agree. I think it's a minimum filing fee, and not that complicated. Just make sure you're prepared for when the uh, hearing is in front of the judge. Try to get statements from others who he's done this too. Record the days/times of every conversation with the mechanic. And if possible find out the legal language/statute of the justification for your claim and explain point by point why he's at fault. And as said get some other estimates to show the judge.

Also toss in itemization of your costs incurred. The $631 + court costs if that's allowable, + any money lost from dealing with this situation that took out of your work hours, + general suffering, etc.

I wouldn't advise sneaking in and getting the car back or towing it. At least, not if you want to win an eventual small claims case. Judges probably frown on committing illegal acts even if you feel you're in the right. I'd suggest paying the $631.

Notifying a state agency as DirtDiggerDave suggests might get results, but my experience is that it takes a loooong time for them to deal with an issue. Still should notify them so that you can tell the judge that, and also so they can investigate if they feel like it and maybe future customers aren't screwed by the same guy.

 

[nova]

You gave him the key! You brought it to his shop!
Pay the man.

 

[Blacksheep]

The parts for this job should cost no more than $150.Book time to replace clutch should be no more than 3 hours.That works out to around $150/hr.Signed authorization for repairs is required in most states.If it is in your state take an officer and demand your vehicle or proof of authorization.Once you have possesion of your property it would be up to him to prove you owe him anything.Good luck!DBULL

Yes, read your paper work carefully, if there is no paper work/signature or authorization to do the work, you should win without a lawyer.

 

[cheese]

You probably should listen to those who recommend doing it the legal way. We tend to do things a little differently down here in the deep south.

I'm not so sure the theft of services charge could be made to stick. I mean, he took the car there for an estimate, never asked for him to fix anything. He didn't get his estimate, so he takes his car back. What would you do if someone came to your house and installed a new air conditioner and then billed you for it, after you only called them and asked for an estimate on a new unit? Would it be theft of services for you to not pay for it? No. Even if you used it, it would not be. They could come back and get it and put your old one back in, and so can the mechanic. He screwed up, you need your transportation. If he wants his parts, he better get them back out...and quick. I still think I'd go get it, offer to pay a reasonable amount, make payments if necessary, and deal with the aftermath if there is any. Once it's in your possession, the law is usually in your favor. I don't think you'd be trespassing if you walk up during business hours and get your car. They are a business, you aren't trespassing until you've been asked to leave or you are there when they are closed.

 

[Coin Digger]

I didn't read everybody's response.

If you where going to have it fixed, I would say $631 was a very fair price for a new clutch installed, I would pay it.

Your not going to get it done for much cheaper unless you DIY.

It will cost you more to go to court and all the headache that goes with it in the long run.

 

[heepiepow]

I didn't read everybody's response.

If you where going to have it fixed, I would say $631 was a very fair price for a new clutch installed, I would pay it.

Your not going to get it done for much cheaper unless you DIY.

It will cost you more to go to court and all the headache that goes with it in the long run.

I don't think small claims filing fees are anywhere near $631. And keep in mind, he never authorized the clutch being installed. Perhaps if it was a couple hundred or more he would've declined it and sold the car for scrap. The mechanic took unauthorized money from him, in an indefenisble scam.

 

[LM]

You're not going to get any satisfaction from the police or states attorney. This is why civil court exists. Yes, if this guy is in the business of running a totally fraudulent operation and evidence mounts in this regard, maybe-possibly-kinda-sorta you might get a States Attorney who might look at it, but in a 'your word versus his word' situation, that's why small claims courts exist. The people who are suggesting you waste time with police, etc must be pretty inexperienced at life. You will get absolutely nowhere with them, in this spot.

If your state requires a signature to proceed with services and he doesn't have one, you really should win your case.

Yes, claims court sucks, but this is why we pay a crapload of money to keep them running. It's your rights- exercise them.

- A Three-Tour Claims Court Veteran