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CA Lawyer
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Category: Consumer Protection Law
Satisfied Customers: 258
Experience:  Licensed to practice law for over 10 years in Colorado and California
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Can I sue a repair shop for holding my car for over 2 1/2 months.

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Can I sue a repair shop for holding my car for over 2 1/2 months. i went to a transmission shop to fix my transmission, and they have not fixed it in 2 1/2 months, I have not had my car since and all the while the bill is stacking up. it takes less time to build a car than that

Hi. Thank you for contacting Just Answer.

The first thing you need to do is to get your car out of there as the mechanic will likely try to hold on to it until you pay your bill. You should show up with a tow truck and just take the car.

While a verbal contract is enforceable in some cases, it will be the mechanic's burden to show what the terms were and that what he did was authorized by you. Most likely this will end up in snall claims court if the mechanic decides to sue.

Unfortunately, you may not be able to to recover much for your loss of use unless there was a writing stating the vehicle would be repaired by a certain. However, if you were orally promised completion by a certian date you could try to sue for your loss of use in small claims court, but I am nit sure it is worht the hassle. If the mechanic sues you however for the amount he claims is owed then you should definitely raise the loss of use as a counterclaim.

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