I know there's a lot of these topics here, but I wanted to start my own.
During the summer, I had a private "mechanic" fix my car for 400+ dollars. I was at work, so my Dad wrote him a check to cover it. Upon driving the car home, I noticed that the brakes (something that he wasn't supposed to even touch) were shot: completely shot.
I decided to have the brakes fixed somewhere else...the mechanic obviously screwed up my brakes, so I didn't want to take it to him.
At the dealership that I had my car towed to, I was charged roughly 400 dollars for the brake repair. Since the first mechanic did as much damage and he did repairs, payment was stopped on the check.
A few months later, I bumped into the guy, and he was furious. He brought up the incident, and I told him that there was noway in Hell I was going to pay him for damaging my car after being hired to fix it. He stormed away, and I haven't heard from him since.
Can he still pursue this? I live in Ohio, by the way.
2006-11-15 13:14:45 · 6 answers · asked by Kintaro 2 in Business & Finance ➔ Small Business
Again, payment was stopped on the check during July at the latest.
Thanks!
2006-11-15 13:16:13 · update #1
One last question/detail:
What's the longest he can wait before taking this to court? It's been over 4 months now, and our "run-in" was months ago as well.
2006-11-15 13:23:07 · update #2
I think he would have persued it once he knew you stopped the check. If it's been more then 3 months, he can still follow thing sup, but if he has NOT sent you any dunning (demand letters) I doubt if you will hear from him. HOWEVER, keep all of the records of repair for both the mechanic and dealer. Make DAMMED sure that you didnt need a break job when you brought the car in to the mechanic and be able to prove he TOUCHED the breaks.
2006-11-15 13:20:39 · answer #1 · answered by gene m 3 · 1⤊ 0⤋
Yes he can. He can go after your father for canceling his check. What you should have done was to take the first mechanic to small claims court and been awarded the money back by the court. You would have needed to show up with all of your paperwork (receipts) to show the judge but that would have been the safest way to deal with the guy.
2006-11-15 13:19:03 · answer #2 · answered by JohnRingold 4 · 1⤊ 0⤋
Yes he can.
To pursue this you would have had to document that he had messed with your brakes, which could be very difficult. You would have had to file a claim in small claims court and got the money for your brake repairs and costs associated with your case.
good luck
2006-11-15 13:19:08 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Yes. He can pursue it. He can sue you for the $400 you OWE him. You had no LEGAL right to stop payment on the check. Hear me when I say LEGAL.
Legally, you OWE him. He provided a service and you agreed to pay. You can't just stop payment because you feel jilted. If his service was unprofessional/improper, there are other ways to handle it, but stopping payment is not the way.
2006-11-15 13:21:17 · answer #4 · answered by Tracyi B 2 · 0⤊ 0⤋
The fact that you paid him, already shows that you owed him something, did you let him know before you stopped payment. He may have a totally different story in court-if he is willing to go that route over 400 bucks.
2006-11-15 13:18:55 · answer #5 · answered by pakachuchu 2 · 0⤊ 0⤋
yes he can and you better start seeking legal advice you also need proof that he actually did damagae your brakes and recipts listing ALL of your car work. You can get sued for the first bill.
2006-11-15 13:19:30 · answer #6 · answered by Anonymous · 0⤊ 0⤋