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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 1732
Experience:  Practicing Attorney with 10 years experience
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Please read in full before answering. I hired a private

Customer Question

Please read in full before answering. I hired a private mechanic that I've been giving work to for over a year now. I just paid him $2,300 for a job to install a new engine in my car and he completely ruined my AC, spilling oil all over everything and it even got on the front seat. He needs to fix the damage and clean or replace my car seat. The work I hired him for is done, but there are two major problems that have been caused directly because of his work. What is my recourse in small claims court? Can I sue him for damages and get all or some of my money back? What I have is a picture of his driver license and the check I gave him for the work side by side. The check is from my name and is addressed to him and explicitly states that the check is for auto mechanical work. Please help.
Submitted: 1 month ago.
Category: Consumer Protection Law
Expert:  Asad Rahman replied 1 month ago.

I am very sorry to hear this. Yes, you can file a claim in small claims court for all damages including what you paid.

Customer: replied 1 month ago.
Ok... can I have detailed advice, please? Obviously I know that I can file in small claims court. What is my recourse in small claims court? What are my chances of winning. What will I need? What is the burden of proof?
Expert:  Asad Rahman replied 1 month ago.

Sorry I was offline most of the day. So the first thing you do is send formal written demand saying that if they do not reimburse you the costs of repair then you will be filing suit and give them a deadline. If they ignore you then you go to the local county court house and ask for your small claims court original petition. Here your claims would be breach of contract, negligence, and deceptive trade practices. You ask the court to reimburse you for your costs. I think you have a fairly strong case. The burden of proof is more of a criminal law issue. Here you have to allege there was a contract, he breached it by his poor workmanship, and you must have suffered some damages as a result of his poor work which is clear from what you have said.

Expert:  Asad Rahman replied 1 month ago.

Let me know if you have any additional questions otherwise a positive rating of 5 stars would be greatly appreciated.