Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
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Yes, you absolutely have recourse here. What you want to do is raise the stakes on him. Send the owner a certified, return receipt requested letter detailing the history and and demand he return your car, refund your money, and pay you the cost of a rental car for the period beyond the 3 days period that was promised and pay you anything over $750 in cost it will cost to have another repair shop to repair your car completely job properly since you no longer have confidence in him. Inform him that if he does not comply with your demand within a short specified period of time, you will have no choice but to file a suit for your damages. BUT, be sure to specifically mention that if forced to file this suit you will be filing this claim not only as a breach of contract case, but also as gross negligence, deceptive trade practice, and fraud causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, he will settle this to your satisfaction without a hearing rather than risk punitive damages and the judgments being on the record.
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Yes, I noted you were in Colorado and gave you information applicable to Colorado. As part of your suit, you will want to ask the court to order the car released immediately.
If the car is sitting out, you can do so. But, you would not be allowed to do so if in doing so you would either breach the peace or break and enter.
Yes, I am providing you information applicable to Colorado. Once you have possession of the car, he would have to file suit against you and prevail before he could place a lien on your car.
I would not go to that length. Rather, if he tries to take the car, call the police. The title is in your name!