Results 1 to 5 of 5
  1. #1
    Join Date
    Jan 2008
    Posts
    6

    Default Auto Mechanic Has My Car, Is Delaying Work, Refusing To Answer Calls

    Hello, I am requesting some advice as to a possible civil, small claims suit. I had an auto accident going back to around april of last year. The transmission of the car was damaged in the accident. I took the car to a mechanic that was recommended to me by an acquaintance, mainly because of the location being near to where I had the accident, trying to avoid the tow fees for 30 mins back to my home. The car was undriveable, so I figured I'd get it towed 5 miles to the mechanic, get it fixed, then drive it back home. Well the mechanic recommended a rebuilt transmission for $1200, a fraction of the brand new dealer price of over $3000. When I got the car back, the transmission would grind every time i shifted to 3rd or 4th gear (manual transmission). So the mechanic agreed to get another (he says he gets them from a guy he knows that rebuilds them). I waited a few months for him to be available for the work, driving the car like this every day, hoping the transmission wouldnt crap out on me. FInally he put in another. The second remanufactured transmission was doing the same grinding, but this time only in 3rd gear. Obviously this was still unacceptable. I paid for a fully operational transmission and thats not what I got. So I drove on this transmission for quite awhile, waiting until the mechanic was available, and also for my spring break from school (im a college student). So three weeks ago I took the car again. He told me it would be done by the end of the week. Well, its been three weeks now, and now I've had to borrow a car to drive to school, and the mechanic is acting very shady. I can almost never get through to him on my cell phone, as he never picks up, and his voicemail is full and not accepting messages. On a few occasions I have gotten through, strangely enough by calling on friend's phones. Seems he is avoiding me. When I have gotten through to him, he tells he he still has not gotten the new transmission from his "guy", and that he will call the guy now, and tells me to call him back in 10 mins. Well of course he doesnt pick up. Seems hes giving me the runaround. I would have been better off towing the car back home and taking it to a good shop. This hasnt been costing me anything with the mechanic, but it does cost me aggravation. I cant just check in on him every other day since its 30 mins away from my house. This guys shop is pretty shady, not very official, and it looks almost like a chop shop. He says hes been very busy with his new "import/export" business. Some days im shitting bricks, thinking my car will end up as parts in a crate to japan or something with no legal recourse for me. All I have is a handwritten receipt of the first time I had him do the work after the accident. The receipt letterhead isn't even from that shop. I don't know the address, or the name of the shop, because there isn't one that is clearly visible or recognizable.

    So, what do you guys think I should do? This is taking way too long, much longer than promised. I talked to my lawyer and he said he could write a threatening letter, but it would cost me $100. Could a write a letter threatening to take him to court myself if he didnt give me my car back, fixed, within the next month or so? How would I go about this? What kind of protection do I have against this guy jerking me around, or worse, parting my car out to eBay!!! Should I just go pay him a visit at his shop and see whats up??

    Thank you for your help!

  2. #2
    Join Date
    May 2006
    Location
    between here and there, but you can't here from there
    Posts
    547

    Default Re: NJ:Auto Mechanic Has My Car, Is Delaying Work, Refusing To Answer Calls.. What To

    If there is no signage indicating a business name and everything looks "shady", then perception is reality.

    Ask this guy who his contact is and since he is too busy, you will call for him. If you get the run around from that, then, yes, sadly, you are most likely dealing with a shady shop doing shady business. Why don't you research the trans and let him know where you found and he can buy and install it and he can deal with his contact for reimbursment.

    Are you sure the transmission was replaced to begin with?? Maybe he just made some adjustments to the original trans and sent it home to you. When that failed, he piddled with it again. That has failed and now he has no money to replace or rebuild it as it should have been to begin with and you get to chase him down with no results.

    If you had posted year, make, model and engine, I could find you one in minutes. But, then this isn't an auto forum either. Simply put, though, there is more than one supplier and you can suggest he find you another trans within "X" muber of days, or you'll be seeing him in court. Just be sure that you have all evidence gathered and consult an attorney.

    This is not legal advice, but advice from an auto tech.

  3. #3
    Join Date
    Jan 2008
    Posts
    6

    Default Re: NJ:Auto Mechanic Has My Car, Is Delaying Work, Refusing To Answer Calls.. What To

    Thanks for responding. I could have gotten a used transmission from another source, I'm actually very knowledgable about these cars (subaru wrx), however, at the time i just didn't feel like dealing with things myself, so when he offered to get the trans, i accepted. i was originally going to obtain a used trans and have him install it for me, but the price he offered was right and it seemed like the simpler choice at the time. and yes i am 100% sure the trans was replaced to begin with, because I requested he let me take the old trans home with me, and when i drained the fluid from it, it was the same blue redline shockproof gear oil i had put in a few months prior.

    my lawyer said that i could go get the trans repaired somewhere else, then sue him in small claims for the amount it cost me. the problem now is, i dont even have my car to take it anywhere else. should i get the police involved if he keeps my car any longer or what?

  4. #4
    Join Date
    May 2006
    Location
    between here and there, but you can't here from there
    Posts
    547

    Default Re: NJ:Auto Mechanic Has My Car, Is Delaying Work, Refusing To Answer Calls.. What To

    Go to the facility and request immediate delivery of your car. Since there is no bill left owing, there is no reason he should refuse. If he does, then, yes, have the police dispatched. Inform him of your intent to remove the car and have the repairs done and sue him. This alone may get him motivated, but are you willing to leave again if says he will get it done?

    Personally, I have seen some shoddy work come from such shops and people kep going to them keeping them in business because its cheaper. But is it?

  5. #5
    Join Date
    Jun 2007
    Posts
    636

    Default Re: NJ:Auto Mechanic Has My Car, Is Delaying Work, Refusing To Answer Calls.. What To

    If there is no outstanding ballance for repairs. Then the mechanic has no legal reason to with hold the vehicle from you. If the vehicle is in a condition unsafe to drive then bring a tow truck or a friend with a trailer.

    If the person refuses to release your vehicle then contact the authorities. I am sure once you state your going to contact the local authorities he will release your car to you.

    Then go to a repair shop that has a good reputation, a transmission shop like AAMCO. Then send the bill to the person that is suppose to have repaired your vehicle. If he refuses to pay for the repair. Then take him to small claims court.

    1. Sponsored Links
       

Similar Threads

  1. Working With a Lawyer: Lawyer Won't Answer My Calls or Emails
    By john_smith in forum Criminal Defense Lawyers
    Replies: 3
    Last Post: 03-04-2010, 06:02 PM
  2. Obstruction of Justice: Refusing to Answer Police Questions
    By NCC 1701 in forum Criminal Charges
    Replies: 7
    Last Post: 02-17-2010, 02:58 PM
  3. Drunk and Impaired Driving: Accused of Refusing Alcohol Testing Due to Delaying Answer
    By Gina Rene in forum Drunk and Impaired Driving Charges
    Replies: 3
    Last Post: 02-02-2010, 11:42 AM
  4. Legal Malpractice: Attorney Not Returning Calls, Delaying My Case
    By letsprocre8 in forum Malpractice Law
    Replies: 2
    Last Post: 09-17-2009, 04:00 PM
  5. Refusing To Answer Police Questions
    By junker in forum Police Investigations
    Replies: 16
    Last Post: 02-23-2009, 05:30 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document