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My daughter's car was involved in a one car accident and it…

My daughter's car...

My daughter's car was involved in a one car accident and it was driven by her nefphew when the accident occurred. He signed a wrecker driver's form to take the car to a lot for storage. The lot owner has repair facilities claims he was given authorization to repair the car. My daughter went to the lot and told the owner of the lot ( do not repair my car ).Now she has a $500.00 "TEAR DOWN" charge against her car. They simply took the front bumper & grill off of the car & the rear bumper. We went to his shop today ( 3rd trip ) with $500.00 cash ( they would not accept a credit card ) & they would not give her a paid in full receipt There was no break-down in the bill (just TEAR DOWN ). The owner would not sign the receipt but wanted my daughter to sign his receipt. Can my daughter sue in small claims court; put up a bond for the $500.00 and go to trial later?

Lawyer's Assistant: What state is this in? And how old is the car?

This is in the State of Texas and the vehicle is a 2012 Toyota

Lawyer's Assistant: Has anything been filed or reported?

Only her Insurance claim with State Farm

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

This company has many complaints against them in the Harris county area

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Answered in 10 minutes by:
3/7/2018
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 125,854
Experience: Attorney experienced in commercial litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Small claims court will not be able to issue an order like this, they can only award money judgments. So she would have to pay this business and she would then have to sue for breach of contract or unfair and deceptive practices. She would need to sign his receipt writing next to her signature or under her signature"paid in full with reservation of all rights." If the business rejects this, then she has to sue for replevin in the superior court to seek recovery of her car and she can put the bond up in the replevin case, but that is not small claims, it is in the District court in the county where this is taking place.

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Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 125,854
Experience: Attorney experienced in commercial litigation.
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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