My question involves a consumer law issue in the State of: NC
Hi All: Some of you will remember my earlier postings. Thank you indeed you were a tremendous support.
I had filed a small claims complaint to have my vehicle recovered (with damages left TBD)from the repair shop who would not give me an estimate for 2 weeks, and then later asked me to not be seen on their property nor initiate communication with them or I would be arrested. However upon filing the small biz complaint, a friend of the repair shop started mediating the issue between us. He offered me to pay 6xx in cash and take my vehicle.
I went their in presence of an officer with cash. However at that time, the repair shop gave me a receipt which had a fine print saying: "In consideration for sale and or repair ... Customer agrees to indemnify ... and hold harmless for all expenses including payment of damages ... legal fees ....". I protested at that and put my own comment saying that I am signing it in duress. The repair shop owner said he 'wont let me bastardize his form and that I either sign it cleanly or he is sending my vehicle to the scrap-yard for its parts'. I told the cops that this is against the law, it is blackmail, to which he noddingly agreed with me but said that it is a civil issue for me to handle. I requested the Officer to bear witness that this is happening in total duress and my signature carries no meaning (as otherwise my vehicle will be sent for parts).
So yesterday I got served by an attorney notice of a 'counter claim complaint for money owed'. Amount is: 500. It says: 'plaintiff commenced this action in this court now comes defendent by way of a counterclaim alleges that pursuant to the attached, plaintiff is required to indemnify the defendant for legal fees and court costs'.
Any advice/comments/critical remarks that can awaken me, all are so much appreciated.