Threatened to Be Sued Over Car Work I Performed

[ambermarx]

Well first off let's start off by saying I am not out to screw anyone. I am a family man, and lost my job...started posting ads on CL to find mechanic work until I got a position. I have been doing mechanic work for 8 years professionally. And have many happy side work customers, never had an issue before this.

Well I did work for this guy once, saved him 2,000$ off the quoted price that he got at the shop. He liked the work and had another job about a month later. When I got there he had overheated the car, and water was pouring out...and he notably drove it that way.

I got there told him what he needed. He gave me a sob story, and said just do it as cheap as possible. I can't afford the part, and do it up to the point...and he would put JV weld to seal the leak that would be left after I did the repairs. I told him many times, that this is not the way I work...I do it correctly. And that if I did this for him I would NOT guarantee the work. He said oh that is fine, so I did what he asked. I know at this point I should have had him sign a waiver, or not do the work at all...but I am kind hearted, and felt sorry for him and his family.

I then charged him $100 for 5 hrs of work (far below normal flag rate in our area which is about $80 an hr.) He got a few little things I needed, so got the job complete as to the standards he set forth. He said don't fill it up with the water, he would put the JV weld in...and start it tomorrow. I reminded him that I did not guarantee what I did, and as I told him before I started I would not give him a receipt for the work I did. He was fine with this, and I left.

Well 3 days later he calls, leaves messages saying that the it was misfiring. I did not respond, since I told him when I had left that it would not be guaranteed. He continued to call. Then about 1 and 1/2 weeks after the work was done, he wrote an email informing me he would sue. He said he got a mechanic to look at it and the intake manifold was put together incorrectly. And from the email seemed as if the mechanic fixed it. he said he was suing for the labor fee and damages.

I would have been happy to go fix what was wrong, but he was very hostile, and I felt threatened. I also only charged him 1/4 of the labor charges, and did what he asked for me to do. I don't work like that normally.

My questions (and any other info would be appreciated.)

What am I liable for?
He said I put together the intake manifold incorrectly does that mechanic have to prove his compentency?
If I charged him $100 for a 5 hr job, how will the court determine that is what he paid withouth the receipt?
Does he need to prove I caused this issue or will the statement of the exhaust manifold being put together incorrectly be enough?
If I have little disposable income, and rent, have an older vehichle what is the option to get the money from me?
How can they determine what was actually paid to fix the problem?
And if I went there and the car had noticibally been driven while overheated, which can cause issues with the intake manifold, can I fight that what I did directly caused the issue?

[Mr. Knowitall]

You're liable for whatever the court says you're liable for after hearing both sides of the story, and after applying the laws of your undisclosed state. As you were told when you posted, laws are different in every state.

Presumably the court will know that you were paid $100 for five hours of labor because you will testify that you received $100 for five hours of labor.

The plaintiff has the burden of proving his case by a preponderance of the evidence.

A judgment creditor can avail himself of such remedies as garnishment and execution, to the extent permitted by the laws of your state.

The plaintiff will offer evidence of what he paid for whatever repairs he claims to have had performed.

If sued, you are free to present your own evidence and theory of the case.

[Who'sThatGuy]

If this were to go to court, I see at least one problem that is going to hurt you.

You said:

Well 3 days later he calls, leaves messages saying that the it was misfiring. I did not respond, since I told him when I had left that it would not be guaranteed. He continued to call. Then about 1 and 1/2 weeks after the work was done, he wrote an email informing me he would sue. He said he got a mechanic to look at it and the intake manifold was put together incorrectly. And from the email seemed as if the mechanic fixed it. He said he was suing for the labor fee and damages.

The CL customer tried calling you to inform you that something was wrong, you could have answered the call and easily have fixed what was wrong or told him that you have already told him that he is on his own. Being that the CL customer couldn't contact you within a few weeks, he sought out another mechanic to complete the work and now wants to try to sue you for it. By you not answering the original call, is a plus in court for the CL customer. I'm not saying he is going to win, it's just that he has more leverage now.

Out of curiosity, what did you fix and what did the customer JB weld? Was it a head gasket?

What am I liable for?
He said I put together the intake manifold incorrectly does that mechanic have to prove his compentency?

If the mechanic is ASE, that would be enough to determine creditability for the judge.

If I charged him $100 for a 5 hr job, how will the court determine that is what he paid withouth the receipt?

By your word and the customers.

Does he need to prove I caused this issue or will the statement of the exhaust manifold being put together incorrectly be enough?

If you were the last to work on that part and an ASE certified mechanic confirmed that the part was installed wrong, then that is enough proof, remember you can't testify that you installed the part correctly because you never answered the phone calls to tell the customer to swing by so you could check out what was wrong.

If I have little disposable income, and rent, have an older vehichle what is the option to get the money from me?

Garnish your wages when you go back to work and freeze your bank accounts.

How can they determine what was actually paid to fix the problem?

A receipt, an hour book and your areas hourly rate. for example: if he has a receipt for $428.00 and the going rate in your area is $80.00 an hour and the book calls for 5 hours, then $400.00 in labor and state tax of $28.00 is what you would be liable for, plus filing fees.

And if I went there and the car had noticibally been driven while overheated, which can cause issues with the intake manifold, can I fight that what I did directly caused the issue?

Overheating has nothing to do with the manifold being installed wrong. If the manifold was cracked, then you can argue and could possibly win.

[ambermarx]

If you read the post I stated I did not issue a receipt to the person. I told him since I did not guarantee the work that I woudln't. I know now that is a mistake, but there is no proof of what he paid me. Which he could say he paid whatever he wants. I don't believe the mechanic was ASE certified either, he was just found off of CL like me. He knew when I did the work that it would not fix the problem. COuldn't they just lie and say that was the problem, if it was his buddy or something? I don't think I did anything wrong. I didn't answer due to him sounding hostile from the first call, when I pre warned him that I didn't guarantee the work. The car is in running order, and the "new mechanic" fixed the problem....from what the email said. He didn't bring it to my house either. When I did the work I had informed him I got a new position with the school bus company in our area and could not do work on the week. He lived more than an hr away, and it was a sunday. He didn't want me to start it when I left, and it just didn't seem right. He asked for an 1/2 as$ job, and I told him I didn't work that way...but felt sorry due to the sob story he gave me and did it knowing it was not my best judgement. I am not a certified mechanic either, does that make any difference?

[Who'sThatGuy]

If you read the post I stated I did not issue a receipt to the person. I told him since I did not guarantee the work that I woudln't. I know now that is a mistake, but there is no proof of what he paid me. Which he could say he paid whatever he wants.

Who said you gave him a receipt? You asked:

How can they determine what was actually paid to fix the problem?

Assuming your asking how can you tell what the guy paid the new mechanic to fix the problem that you supposable goofed, I said:

A receipt, an hour book and your areas hourly rate. for example: if he has a receipt for $428.00 and the going rate in your area is $80.00 an hour and the book calls for 5 hours, then $400.00 in labor and state tax of $28.00 is what you would be liable for, plus filing fees.

I don't believe the mechanic was ASE certified either, he was just found off of CL like me.

Well you need to get your facts straight before you ask a ton of questions, because we know nothing but what you tell us. If the guy isn't ASE certified, then his statement is moot in court.

He knew when I did the work that it would not fix the problem. COuldn't they just lie and say that was the problem, if it was his buddy or something? I don't think I did anything wrong.

As long as he is a ASE certified mechanic, his word has more credit then a non ASE certified mechanic, and even if they are friends, or it's even his father for that matter.

I didn't answer due to him sounding hostile from the first call, when I pre warned him that I didn't guarantee the work. The car is in running order, and the "new mechanic" fixed the problem....from what the email said. He didn't bring it to my house either. When I did the work I had informed him I got a new position with the school bus company in our area and could not do work on the week. He lived more than an hr away, and it was a sunday. He didn't want me to start it when I left, and it just didn't seem right.

If I called you and you didn't answer, I would not drive over an hour away to find out if you were home ether.

He asked for an 1/2 as$ job, and I told him I didn't work that way...but felt sorry due to the sob story he gave me and did it knowing it was not my best judgement. I am not a certified mechanic either, does that make any difference?

It makes no difference, you did the work. A certification only means you completed so many hours in a credited school.

[ambermarx]

I don't think I ever stated in the first post that the new mechanic was or was not ase certified. I am still not too sure, but from the email it stated that he got the mechanic off of CL too. So guess it's a 50-50 chance.

---If I called you and you didn't answer, I would not drive over an hour away to find out if you were home ether.

And as far as him coming to me, he never came to me or my house/garage. I went to him. So when he called sounding hostile he wanted me to come over that evening which was a monday. When I had previously told him that I could not come over on weekdays since I lived 1 hr away, and had a job on the weekdays. He knew that was the case and on the message he was very aggressive (the first initial message he left)...knowing that I first did not guarantee the work and 2nd worked on the weekdays and told him before I left that I would like to start the car to insure that it works correctly...that is when he said no we'll not put the water back in, so I can put the JV weld in to fix what was left of the leak (instead of buying the part as I recommened.) And I told him again that I could not guarantee the work, and could not come during the week to do it.

I guess we'll see how it works out in court.

---and I am not too sure of "what facts I need to get straight" because I never stated that the 2nd mechanic wasn't ase certified. However I appreciate all the info I have recieved.

My only worry is if it was a friend or buddy, then they could make a receipt that he paid way over what he actually paid to get it fixed...and then I am stuck paying the bogus amount for it.

I orginally was emailed by him to come look at his car because of a "water leak behind the alternator." It had obviously been overheated, and he stated that he had driven it with the water spraying. I did various job that day on the car, repair hoses, and various other stuff for him. Was checking to make sure I didn't see more damage from the overheating. Looked over many things, and did repair/replace littler parts here and there.

I see that it pretty much will come down to the more believeable story. Since there is no proof of what was paid, what was worked on etc. Which I was orginally under the idea that he had to prove what work I did, how much was paid etc.

And sorry about the receipt thing I guess the first time I read your response I rushed through it since I was in a hurry...now re-reading it, it makes sense.


Thanks so much!

[Who'sThatGuy]

My only worry is if it was a friend or buddy, then they could make a receipt that he paid way over what he actually paid to get it fixed...and then I am stuck paying the bogus amount for it.

I wouldn't worry too much about an over inflated bill.

Like I said, if replacing an intake manifold calls for 5 hours labor in the book at an average of $80.00 an hour, the judge would say $80.00 an hour by 5 hours, $400.00 is what the plaintiff will get.

If the plaintiff has a receipt for $100.00 an hour at 10 hours labor ($1,000.00), then the judge will still only give him credit of $400.00, the hourly going rate and the number of hours that the book calls for.

[jk]

and you still have not disclosed your state. I know of at least 2 states that your actions could result in not only a full refund of what you were paid but liability for the repair to fix what you installed incorrectly, it that is a supportable claim.

So, what you might end up paying should you be sued can vary greatly depending on the state involved, which you have still not disclosed.

[KeyWestDan]

If your state has a Motor Vehicle Repair Act like here in Florida, you can be sued but you can NOT sue for auto repairs unless you have a registered business. By not using a work order approved for auto repair, you have screwed yourself on top of it. How many years did you say you were in this business> Oh never mind.

[ambermarx]

I live in Texas

Ok thanks!! I really appreciate all the info you all are sharing!! I don't know what to expect, so all this really does help to know!