Getting paid back by a repairman who didn't do the repairs

[tracy_gs]

I live in TX and took my vehicle to an independent mechanic (he actually works for a company, but took my vehicle on as a side job and gave me a discount). Two months later, the vehicle is still not repaired and he has $950 of mine. He finally agreed that he could not fix the vehicle and stated that he would return $800 of the money I paid, but that it would take several months for him to return the money. I brought up the possibility of small claims court with him, and he basically said to go ahead, because it would take me even longer to get my money back. Meanwhile, I am without a vehicle and without the money to fix the vehicle (not to mention he has stated he will not repay me the full $950). Is there ANYTHING I can do?

[Mr. Knowitall]

Some discount....

Do you think he actually intended to repair the car when he took your money?

[tracy_gs]

It's hard to say...he seemed like an up-front kind of guy when i spoke to him (con artists often are, i guess), but with the way he has jerked me around, it makes me wonder. but i did record a conversation between us in which he admitted that he never even attempted to repair one of the parts he took money for.

[Mr. Knowitall]

He has no business charging you for a repair he never even attempted to make. Unfortunately, even if you sue him in small claims court it will likely be at least two months before you get a judgment (and then you have to collect it). Have you considered waiting to get the money, then suing him in small claims court for the balance?

[tracy_gs]

that's what i'm leaning towards right now. i just thought maybe there could be another option, since i'm stuck without a car or the money to fix my car right now until he pays me back. if i do end up taking him to small claims, do you think i would be entitled to any additional money since he has caused me to be without a car for so long (i.e. rental car, time spent trying to resolve this issue, etc)