Can I sue a mechanic??

[joedirt76]

Ok, I got my tranny swapped by this mechanic. Its all done under the table, but I do have a receipt for a $300 deposit I gave him.
So, the car ran fine before I brought it in (besides the tranny) and he had to drop the engine and everything. So when the job was done the engine was running like a lawnmower...really bad.
The mechanic couldnt figure it out, so I brought it to Chrysler and they discovered that the flywheel was bent...obviously happened during the tranny swap, never had a problem with it before.
So I got estimates for the job. its $591 for a new flywheel, and $560 for labour. Also I will sue for the $115 that I had to pay chrysler to find the problem.
Does anybody have any tips? Do I have a strong case? Let me know.
Thanks

[TorinoGT69]

If it was done under the table you are out of luck.

[joedirt76]

Yeah, thats what I thought. But he also has no case for the $700 he claims I owe him right? Since its under the table?

[got v-tec?]

Originally Posted by joedirt76

Yeah, thats what I thought. But he also has no case for the $700 he claims I owe him right? Since its under the table?

yep if he wants to play that game go for it. tell him to go f*ck his self.
thats what i'd do. good luck!

[Doug Rodrigues]

Small claims courts were made for situations as this one. File a claim. It will normally cost you less than $30.

[MagicRat]

Don't bother sueing if there is no paperwork. There is no evidence except your word against his.
Of course you do not owe him a dime, but what would you do if you find your car has been keyed in the middle of the night?
I would suggest try an arrangement with the mechanic....you give him the $700 and he fixes the flywheel. Swallow the $115 spent to find the problem, and chalk it up to a learning experience and use a real mechanic next time.

[Doug Rodrigues]

Joedirt76 you do have evidence: You've got that $300 recipt! How would the mechanic explain away that $300 receipt? Even better if you have a friend who witnessed ANY agreements or witnessed ANY work being done by that backyard mechanic. I've been to small clams court and won, and all it was, was my word against the other person! These Small Claims Court Judges are pretty street wise and can spot a liar without too much trouble. Don't give up so easily, that is unless you don't mind losing money! Just lay out the facts to the Judge...don't lie..don't exaggerate...don't get greedy and try to make extra money...just lay the facts out. Do that, and the Judge will be on your side.

What you should also take to court is an expert's WRITTEN opinion on company stationary or a repair order stating what the problem is that they found and what the probable cause of the problem may have been. IF you actually go to Small Claims Court, and IF you win..which I think you will win, the Judge issues a decision for your backyard mechanic to pay you. Ok, what if he doesn't pay you?...you then go to the Court Clerk who advises the Judge who will then issue a writ of execution to the Sheriff's Office in your area. The Sheriff's Deputy will then go to the place of business, if your backyard mechanic has one, and do a "till-tap." In other words, legally help themselves to the money that guy owes you. If he doesn't have a business, but works for someone else, then he gets his paycheck attached until you get your money. If he doesn't have a business, or doesn't work, then the Sheriff's office goes to where ever he can be found and confiscates anything of value in attempt to pay you off. I know what I'm talking about, but you do whatever you want. Personally, I'm not about to let anybody rip-me-off!

**I just now noticed the date of you posting. You better file in Small Claims Court before one year is up!

[WissNX01]

If the mechanic knows where you live, I wouldnt suggest stiffing him out of some money. He could get even and you wouldnt want that.