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P. Simmons
P. Simmons, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 34760
Experience:  16+ yrs. of legal experience.
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I bought a new used boat online, I bought it with a spare motor

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I bought a new used boat online, I bought it with a spare motor to replace the old one in there, I couldn't get my stern on so I took it to a repair shop. they charged me 2200 dollars for the repairs because they had to line the motor and turn it on and add a new shift cable. ok I agreed to pay, when I pick up the boat I asked the mechanic how is the motor running he tells me I got a great price and the motor is in great condition, when I take the boat out to the water the shifting wasn't engaging properly I called explained the noise, and they told me my shift cable was bad, I replied " you guys just replaced it " he check on his computer told me to bring it in, when I get there they told me I must of hit something on my skeg and this is what why my shift cable was not shifting, I put a claim with my insurance and they put a whole new stern drive, I take the boat out for the first time out of the shop and smoke and everything is coming out of the motor I called again and told them something they did wrong, they had me check to see if the stern drive had oil I replied no that it was dry. they told me to bring it in ok. after a day or two they told me that a bearing went on the motor and that the stern had to be pulled from the boat off with a truck and a fork lift I told them it was the repair they did caused this and the manner in which it was put in and they are refusing to fix it telling me I need a new motor my motor is out of my boat no stern nothing and when I checked the stern it magically had oil this shop messed up and are trying to pull a fast one on me what are my opions
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

I understand the background information....can you tell me, what is your question today? Are you looking to determine if you can hold this repair shop liable for the cost to fix bearing?
Customer: replied 4 years ago.

yes but they refuse to

Thank you

Can you tell me the cost? What is it going to cost to have this work done?
Customer: replied 4 years ago.

sorry new to the site the cost is 3670.00

Thank you

Just a moment...I want to pull the law on this

Thank you

The limit in PA "small claims" court is $8K

That is good (for you)

IT means you can file this yourself. Small claims (in PA they call it "magistrates court") is the peoples court. The formal rules of evidence and procedure do not apply. You can prepare and present your case, yourself, and save the cost of a lawyer.

So you can do this yourself.

And you can sue for the cost to replace this motor (or to fix it so it is as good as it was prior to them breaking it)

The process is simple. You file the claim in the county court where the shop is located. Head to the magistrates court and talk to the clerk of the court...they can give you the forms you need to start.

You file the claim and show up a few months later to present your case.

What you describe you have a great case.

Even though the rules of court do not apply, it is good to be prepared. Consider this book

To get you ready for court

P. Simmons and 4 other Consumer Protection Law Specialists are ready to help you