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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 32348
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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My vehicle is at a repair facility motor issue. My vehicle

Customer Question

My vehicle is at a repair facility for a motor issue. My vehicle has a warranty to cover the repair but the repair facility decided to start the repair before the adjuster came out to look at it. They have completed warranty work on this vehicle in the past and followed the rules then but this time they did not. They are now stating that because the warranty company will not cover it that I need to pay the bill at close to $5000.00, even though it the warranty company is not covering because of something they did. I started a complaint with the state but should I start court paperwork?
Submitted: 5 months ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 5 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Your first step is to contact a local lawyer and let them write a demand letter to the facility explaining the issue. That will not only make it possible they will settle but will also make it more likely the judge will award attorney's fees if you decide to use a lawyer at some point. A lawyer won't charge much to do the letter and they will set forth the law, etc.

However, you are almost certainly going to have to sue at some point so you should be ready to do so when it is time. If you decide not to use a lawyer then there are some good, inexpensive e-books to help you at http://www.lessonsinlaw.com/the-guerrilla-guides-to-the-law/

You will want the ones on small claims court, legal research, trial objections and probably discovery.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Customer: replied 5 months ago.
Am I responsible for this repair being that they are the ones that made the mistake? Can they hold my vehicle indefinitely?
Thanks
Expert:  Dwayne B. replied 5 months ago.

Am I responsible for this repair being that they are the ones that made the mistake?

Yes and no. They are entitled to be paid for the work they did under a variety of theories. However, you are entitled to be repaid for the money that their failure to wait cost you.

Can they hold my vehicle indefinitely?

Yes, under a mechanics lien they can hold your vehicle until 1) you pay them or 2) a court orders them to release it to you.

The problem you are facing right now is that no one has the power to make them give it to you except a court. If you call the police they are going to tell you "it's a civil mater".

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.