mechanic kidnapped my car

More than six months ago I prepaid 1/2 the cost of building a V-8 engine for my sports car, removing the six cylinder, and then installing the 8 cylinder. My mechanic did remove my old engine, but since then the work seems to be at a stand still. My car sits in his eight bay garage.....awaiting completion. He has more excuses than Paris Hilton has boyfriends as to why it isn't completed. I don't want to threaten him with a court date.......but need some ideas as to how to move the project to completion without alienating him and losing my 1/2 deposit. Thanks.

 

He has got you and knows it. He has spent your money on other things and doesn't have it to complete or do the job. Never pay up front. You could throw money at him but more than likely you would end up in the same place you are now. Show up with a tow and get your car out of there and then take him to small claim court for a fare amount of money less the money for pulling the engine. Go around to other shops and get estimates on what it would cost to do the work he has already done. Even if the judge see it your way it is not a guarantee you will get a refund if the there is money left. Put the pressure on him in the news papers and Auto parts store about the judgment if you win in court and he does not come up with the money due you.

 

I mostly agree with Get RRR, but forget the tow truck unless you're driving it. Any reputable (and/or smart) tow truck driver will likely refuse to remove a vehicle from a repair shop [or get between the parties] where the bill is in dispute.

 

Isn't there a "Law" forum ?
You may also want to come right out and say to the guy " Sorry Bud, I'm cutting my losses and taking it back". He may HELP you just to get it out of his garage. Be sure to bring somebody with you.
By the way, what kind of car is it ?
If it is a real collectible he may have his OWN plans for it.
What do you know about this guy.

 

I'm assuming nothing in writing ?

hey may have storage claims ?

lots of shops have signs posted about anything left over 30 days they own .

" take somebody with you" !!!

you get loud or try to take the car , he calls the law and you and your "muscle "wind up in the back of the patrol car on the way to jail

its a civil matter at this point so you need to purse it through legal means available to you

keep us updated , this could be interesting

(I would love to hear the mechanics side of this story )

 

I was going on by what djvm had posted. If he had paid 1/2 of the total job up front that would be more that just pulling the engine and storage fees would not apply. I am sure there is more to the story and it could take a court battle to just get the car out of the garage. And then again the mechanic could help djvm get his car home. But I would be prepared with a tow going in and if possible get it out of there ASAP. Once djvm gets the car on the street he has total control of the car. Get it to the street and get out of there fast.

 

Storage chages on a job not completed?????? Am I reading this right???? Sounds a little flakey to me..............Anyhow, I'd kidnap his wife and swap for the car...............On second thought, he might KEEP the car.........(Only kidding!!!!!)

 

I was in this same situation back when I was seventeen and had a 76 Mustang II with a 351 Windsor going in it. Pretty soon stuff will start mysteriously going missing. He is doing the easy money jobs and working on yours when he feels like it. Cut your losses. Call him up and tactfully let him know that since he is so busy you need to get your car and associated parts out and off to another shop.

 

I reccomend finding out what exactly has been done, get quotes/estimates from 2-3 other shops for what they would charge for doing the same work, contact a lawyer and have them write up a letter to the mechanic stating that if he does not complete the work, or is unable to complete it in 30 days or less (or a reasonable ammount of time...find out how long the other mechanics would take), then he should give you a refund of the difference & deliver your car to another garage, or he will be spending time in court. Make sure you don't get confrontational or say anything you shouldn't. Did you have a contract, or was this a verbal agreement? Do you have a receipt for your payment? This will make a difference when it comes time to go to court.

 

Is this garage a commercial business or is it his own residential garage ?
There is a Law forum on this site, check it out.

 

Thank you all for your input and advice.

I will speak to the mechanic on Monday....and say he has XX days to complete the job, or I am removing the car.....along with the parts that he has already received, plus the partially built engine....and my old engine returned.....and expect a detailed listing of charges he has already made and parts already paid for.....plus a refund for the unused portion of my 50% down. I will ask him to give me the deadline for the car's engine replacement in writing and if he refuses, I will begin proceedings.

 

let us know how it works out ...