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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37621
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Today 9/30/11 I signed a repair order to receive my vehicle

Resolved Question:

Today 9/30/11 I signed a repair order to receive my vehicle that released a body colllision repair shop that had it of any responsibility towards claims and issues found after questionable repair work was done by them. What can I do to protect myself if I plan to take legal action against them and most importantly how do I legally "unbind this contract" I signed in the state of Nevada in order to get my vehicle back today?
Submitted: 2 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question.

Just to be clear, the shop refused to release the vehicle unless you signed this form?
Customer: replied 2 years ago.
Yes.
Expert:  Dimitry K., Esq. replied 2 years ago.
Was the police officer there and was he aware of the conditions imposed upon you? Were you removing the vehicle due to court order?
Customer: replied 2 years ago.
Yes the officer was their and aware of the conditions. There was no court order, the body shop had taken back my vehicle in February after I made them aware that the repairs I had done by them and paid for in full were not done properly by their mechanics. The car was not safe to drive. I owed them no money but they refused to give me my car unless I signed this repair order (180 days later) that released them of any responsibility. Because I felt intimidated by their actions I failed to read what I was signing. I just wanted my vehicle back before they could do any more damage to it.
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your follow-up.

In that situation the best defense here is just that, duress. Since you were essentially forced into signing this agreement, or your own property would not be returned to you, you can claim that the agreement was invalid since the shop utilized force against you, specifically threats to withhold your property from you any further. If you wish to fight this in court and pursue them for damages, that is the best argument you have in nullifying their contract, as you probably weren't even given an opportunity to review it.

Good luck.
Customer: replied 2 years ago.
But is there anything I can do as a consumer in the next 24 hours that would legally unbind me of this release I signed, in order for my complaint to stand up in Nevada courts.
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your follow-up.

But is there anything I can do as a consumer in the next 24 hours that would legally unbind me of this release I signed, in order for my complaint to stand up in Nevada courts.
No, since there is no right of rescission on an invalid contract. To "unbind" yourself, you would ultimately have to take them to court and prove to the judge that the contract itself is invalid. Only a judge at this point can either uphold or dismiss their contract against you once it was signed. At best you can send the mechanic a letter describing that you signed it under duress, but if they do not respond or admit to the duress, it will not strengthen your claim.

Good luck.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37621
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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