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Maverick
Maverick, Attorney
Category: Legal
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Experience:  20 years experience as a civil trial and appellate lawyer
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Hi. Here is some background. My car was being fixed at this

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Hi. Here is some background. My car was being fixed at this automotive shop and it has been there for an extended period of time. The cost was 2800 and then 4 montsh later, he tells me it needs another 600 in work so the total bill was 3400. Someone was supposed to give me the money but never did and in trying to ctach up on mortgage or other bills, I didn't have extra money. I let the mechanic know that and sent him money when I could. I got it down to where I had less than 500 to pay and had withdrew from my retirement to pay for it. He tells me in April 2011 that he had been charging me storage fees since December and never told me. I had planned on giving some extra since the vehicle had been there so long. Can he charge me fees and not tell me until 4 months later?
Submitted: 5 years ago.
Category: Legal
Expert:  Maverick replied 5 years ago.

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Normally he would have to have a sign up or it would be in writing somewhere in the contract that you signed. If it is not, then he should have informed you. If he did not, then what you may have to do is pay him the full amount so he will release you car and then sue him for a refund under theory of conversion in small claims court.

 

 

 

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Customer: replied 5 years ago.

He was a friend of a friend doing this at his shop. He said he has a sign in his shop but he had my vehicle towed there so I have never been in his shop nor have a I signed anything. The last time I talked to him about it, he mentioned the sign and I should have saw it. I reminded him I have never been in his shop and that he had the jeep towed there.

 

Would i be able to sue and have a chance of winning in small claims court. It would be his word vs. mine. There is no documentation to back up anything on either part.

Expert:  Maverick replied 5 years ago.

In that the case the court has the power to fix an ambiguous situation and can look at industry trade and what is customary in that line of business in that local. So if shops in the area normally charge X dollars a day for storage, the court can impose that you pay a reasonable amount for storage based on local area customs.

 

 

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