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Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32339
Experience:  Began practicing law in 1992
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Need legal help to counter sue a warrant in debt sued.

Customer Question

need legal help to counter sue a warrant in debt sued.
Submitted: 11 months ago.
Category: Legal
Expert:  Dwayne B. replied 11 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.

Is there a specific question with which I could assist?

Customer: replied 11 months ago.
I contracted a body shop to repair my car for a price of $4,000. They kept my car for months claiming they were having trouble finding parts for the repairs. I found out later that they were repairing other cars provided to them by insurance companies and car dealers and putting my car on the back burner. They finally called stating the car had been repaired and ready for pick up. When I went to pick it up I adviced them that all the repairs contracted for had not been completed. They apologized and told they would complete the repairs and would call me when it was done. Months later they called me again to inform me the work was completed. Again I inspected the car and was not satisfied with the work on the passenger door and fender, and I informed them I would not pay until the work was satisfactory. They again apologized and promised to take care of it. Months again went by again, then I got a warrant in debt notice to appear in court for storage fees of $10,000. I need to fight the suit and make a counter claim for the illegal retention of my car and the uncompleted work.
Customer: replied 11 months ago.
I am concern that my car has been damage by sitting there for almost a year and has not been started to have the engine run. Also, my tires have gone flat sitting there for so long and may have damaged my tires.
Customer: replied 11 months ago.
Can you recommend someone to handle my case. The suit is in Prince William County.
Expert:  Dwayne B. replied 11 months ago.

Unfortunately, we aren't allowed to make specific referrals. It's against the website rules. You can find a lawyer by going to www.lawyers.com and entering "civil litigation" under the area of practice. That website also allows you to search by geographic location as well.

You won't be able to sue for "illegal retention" since they didn't retain the car illegally. What you can do is sue for "loss of use" of the vehicle under a breach of contract theory and also use the same facts and the equitable doctrine of "unclean hands" (which means they can't create a problem and then complain of it) to defeat their lawsuit for storage fees.

You'll have to hire an expert to examine the car to determine whether the car has been damaged by sitting up for so long. If it has been then you can sue them for those damages under the breach of contract theory as well since it is clearly unreasonable of them to have taken so long to do the work. You can also recover your attorney's fees.

The attorney will do discovery to show how many cars were taken into their shop and repaired between the time you entrusted your car to them and now. That will show how unreasonable they were.