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shurmust
shurmust, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 165
Experience:  I have successfully prosecuted over 50 jury trials advocating on behalf of the government.
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I went to Mikes Auto to have my 1997 Cadillac Deville repaired

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I went to Mikes Auto to have my 1997 Cadillac Deville repaired for a blown head gasket. The car has never run right again, its been one year. I just had a block test done the engine and was told that the blown head gasket is still is disrepair. What recourse do I have? I am a retired 82 year old woman on a budget.

shurmust :

Greetings, I am terribly sorry to hear what happened to you. Do you know when you went to Mike's Auto if they provided you an warranties for the repair?

shurmust :

Do you know approx how many miles you drove in the last year? Do you have a receipt?

Customer:

I was given a hand written receipt from Mike warranty was for 10,000 miles or one year.

Customer:

The car has been driven less than ( guessing ) 5 thousand miles since it has sat idle most of the time.

Customer:

yes I have the receipt.

shurmust :

Are you within one year of the service or over one year?

Customer:

I am over the one year

Customer:

June is the one year expiration

shurmust :

Okay. How much did you pay to replace the head gasket? Are you looking to simply replace the head gasket and put yourself in the position you should have been in, had the car been properly fixed?

Customer:

I paid Mike $2000.00. I would be happy having the car properly fixed. If not I would like some of my money ( most of it ) refunded if possible or taking the vehicle to another auto shop and having Mikes Auto pay the cost.

shurmust :

That seems reasonable, considering all of your added and frustration.

shurmust :

I presume you have attempted to negotiate this matter with the mechanic, but were unsuccessful. My recommendation would be to file a small claims complaint through the county court in California. What county do you live in?

Customer:

I live in Santa Clara County in California

shurmust :

Additionally, you may likely be entitled to "punitive" damages if you believe, and based upon the other auto mechanic, you were defrauded, based upon your age.

Customer:

reeely . . . !! that would be great

Customer:

well I have some footwork ahead of me . . . . thank you Mr. / Miss Shurmust

shurmust :

Here is a link to the local courthouse where you could file a small claims complaint against the defendant:

shurmust :

http://www.scscourt.org/self_help/small_claims/small_claims_overview.shtml#comparison

Customer:

ok

shurmust :

It is not entirely too difficult. The forms are self explanatory and you can fill them out on your own. There is even a video to show you how to complete the form.

Customer:

sounds good . . .

shurmust :

Alternatively, if you wish, you may hire local counsel to advise you how to proceed.

shurmust :

This can be done on contingency, where you only pay if they win.

Customer:

oh thats great!

shurmust :

If you are satisfied with this response, please provide me positive feedback when leaving the chat.

Customer:

i will thank you. and i am satisfied

shurmust and 2 other Consumer Protection Law Specialists are ready to help you

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