Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

I took my car to a transmission shop. They were supposed to

Customer Question
repair my transmission. And the...
I took my car to a transmission shop. They were supposed to repair my transmission. And the invoice stated that they did. I paid the $500.00 and 90 miles later it quit, At the time of removal of the defective transmission. I discovered it was not the transmission that was in my car when I took it to them. The ID # ***** been ground off. And they took my transmission and installed a piece of junk. Is this a crime in the state of Mississippi?
Submitted: 1 year ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 25 minutes by:
2/21/2016
Lawyer: CalAttorney2, Attorney replied 1 year ago
CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10,244
Experience: Civil litigation attorney for individuals and businesses.
Verified

Dear Customer,

If the auto repair shop performed repairs on your vehicle that you did not authorize, then they engaged in fraud. If you received a part that had the ID number ground off, it raises the strong possibility that this is part of a larger criminal enterprise (colloquially referred to as a "chop shop" where stolen vehicles are dismantled and the parts are sold to disreputable auto repair or body shops to be placed on unsuspecting customer's cars).

You can contact local law enforcement to report your suspicions, call their non-emergency number and ask to speak to a detective or officer to report a possible crime.

Regarding compensation for the failed part, this is dealt with under "breach of contract" and "negligence" theories.

There is a series of escalating things you can do to deal with this situation.

  • *First: start with the company's customer service and dispute the claim. Keep your complaint in writing. If you speak to someone by phone, follow up promptly with a "confirmation letter" (see my note below).
  • *Second: (you can do this at the same time), if you paid by credit card (not debit card) you can open a dispute with your credit card carrier (follow the instructions with your credit card company). (Some banks do allow for charge disputes on your debit card - but not all, the laws are not the same and debit card purchases do not have the same protections, if you paid by debit card, contact your bank and see if they do have dispute resolution remedies).
  • *Third: open a dispute with the BBB. The BBB offers consumer dispute resolution that is fast, free to consumers, and is usually effective, they have no enforcement authority, but all BBB disputes result in a public report regarding resolution so businesses do respond to them. You can open a BBB dispute here: bbb.org/consumer-complaints/file-a-complaint/get-started
  • *Fourth: if you believe that the company is acting fraudulently (not just charging high rates), you can report them to the state Attorney General. The AG's office does not prosecute individual claims (so they will not get your money back for you), but they will investigate and potentially take administrative and/or criminal action against the company.
  • *Finally: you can file a small claims action against them for breach of contract. Small claims actions take approximately 3-8 months to go to trial. There is no guarantee of success in these disputes, but filing a small claims action does open an opportunity to negotiate a resolution (in addition to the above opportunities and can lead to mediation - many courts offer mediation programs for their small claims docket).

Confirmation letters: Keep written records of all communications - so if you speak to someone by phone, promptly send a follow up "confirmation letter" summarizing your conversation, who you spoke to, when, and any agreements you reached. Keep copies of your outgoing correspondence, as well as anything that you receive.

I wish you the best of luck with this dispute, and hopefully a speedy resolution.

Ask Your Own Legal Question
Customer reply replied 1 year ago
Thank you for your response. I had a problem with another transmission shop 2 years ago. I sued in Justice court and was awarded the judgment. Of course crooks don't pay. So it's back to court to get a property attachment .
This latest event showing what extreme lengths these individuals will go to for cash was a little more complex. I'll give the short version. Cause the Philadelphia MS police say there is no criminal laws broken when a shop Takes a $2000.00 transmission out of my car . Accepts $500.00 for repairs never made. And replaces my Transmission with one from the junk yard or a chop shop.
I didn't know it at the time. But the shop that did the work had been sold in Aug of 2015. And the scam took place in Oct of 2015. Apparently the owner still had keys and the new owner had not moved in.
Since the shop had been sold. And the man doing the work was the previous owner. I was there under the assumption that this was a legitimate active business. In reality the previous owner just showed up to meet my mechanic. And present himself to me that nothing is out of the ordinary. Take parts off my car . Reinstall junk parts. And bill me $500.00.
Based on what the local police said regarding shops cant be held on criminal charges when they steal parts. Can a individual? Cause at the time of this incident he was the previous owner.
Lawyer: CalAttorney2, Attorney replied 1 year ago

If the police department is not going to prosecute the charges, you can still contact the State Attorney General. The AG's office is usually the one that is best suited to dealing with fraudulent business practices from a law enforcement perspective.

You can also contact the local prosecutor's office (they are the top law enforcement agency locally and can push for an investigation by the police department, even if that department is reluctant to move forward).

Understand that while these avenues can lead to enforcement against the shop (as well as the former owner that appears to have been engaging in fraudulent conduct as well), they will not help you get your money, or your transmission, back - you still need to sue in small claims court to do that. (It is possible that you can be compensated in the course of an enforcement action, but that is not the primary goal or purpose for these agencies).

Ask Your Own Legal Question
Ask CalAttorney2 Your Own Question
CalAttorney2
CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10,244
10,244 Satisfied Customers
Experience: Civil litigation attorney for individuals and businesses.

CalAttorney2 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I have a breach of contract issue that I believe would or
Hello I have a breach of contract issue that I believe would or should meet the Threshold of special damages, even punitive damages. … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,939 satisfied customers
I'm looking for family disputes/resolution lawyer, I live in
I live in Maine and DC and the person I want to assert a claim against is in NY … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,939 satisfied customers
My son is looking for a small claims attorney in the Omaha,
my son is looking for a small claims attorney in the Omaha, NE area. he had damage to his home, insurance paid to have it repaired but the roof continues to leak. he has made numerous attempts to cont… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I'm a plaintiff needing to immediately in small claims court
I'm a plaintiff needing to immediately in small claims court file a Motion to Strike a Motion to Quash/Dismiss. I have two concurrent small claims cases in two cities. The defendant submitted a Motion… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
Recently I sent a Cease and Desist w/ breach of contract to
Recently I sent a Cease and Desist w/ breach of contract to a company in Texas because they no longer offer a product and do not have the product anymore that was listed on the original contract. I or… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
Breach of contract far as im concerned.wife used store
breach of contract far as im concerned.wife used store credit card without permission.she doesn't have a card and name not on account.3 names on card;me,issuing bank,and store name.if the 3 of us do b… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
In 2017 an attorney General finding found that for an
in 2017 an attorney General finding found that for an extended time, 5 years, that a State agency created an incorrect calculation and erroneous child support balance. Im in the military and this erro… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I was named in a Breach of Contract Notice but I am not
I was named in a Breach of Contract Notice but I am not contracted with this party, I am contractor with the sub. Not sure how to proceed to make sure I get paid … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
I am wondering about the sense of filing a small claims suit
I am wondering about the sense of filing a small claims suit for $2500. A contractor wrote me a contract for $6300 which was supposed to cover everything and the corner they checked that I would be bu… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
Is it a breach of contract if the custodial parent moves the
Is it a breach of contract if the custodial parent moves the children to a different medical insurance without notice?From the Final Decree: The court finds that Health and Dental Insurance for the children is available at a reasonable cost to the Father....If, at some point in the future, the Mother becomes eligible for insurance and wants to move the Children to her policy and Father agrees, Father shall be responsible for 50% of the cost of insurance; Father may refuse to transfer the Children to Mother's policy if his portion of the cost of such policy exceeds the premium he then is paying for comparable coverage through his employer.Today: I discovered, the Mother now has free insurance for the children. She switched the kids over to the new policy 2 years ago. However, I've been paying about $450 per month. Which means, I'm paying $450 for no reason. Is this willingly breaching a contract with the intent to cause financial harm? Or, what would be the outcome of this?… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
When someone breaches a contract what happens with the
When someone breaches a contract what happens with the contract by law? … read more
Bill Attorney
Bill Attorney
law
1,585 satisfied customers
Is it difficult to contest a small claims decision when you
Is it difficult to contest a small claims decision when you feel the underlying decision was not fair … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
I received a summons for breach of contract with Lowes
I received a summons for breach of contract with Lowes credit card. My income is Social Security, I am 64. My husband is not on the contract, but is 76 years of age and is also on Social Security and … read more
John
John
Attorney
Doctoral Degree
5,851 satisfied customers
It's about my probability in winning a small claims case.
hi it's about my probability in winning a small claims case. could you help me with that … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
I have someone who breached their contract by breaking an
Hello, I have someone who breached their contract by breaking an NDA and I am trying to find out if the evidence I have is enough to bring charges against them. … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
980 satisfied customers
I am being sued for breach of contract by a financial
I am being sued for breach of contract by a financial advisor who has sent me an a time list of "extra services he has performed that,he claims, outside his contractual fees. He is suing me for $33,00… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I had a breach of contract with a venue, they did not want
I had a breach of contract with a venue, they did not want to host my event again despite having a paid in full contract with them months prior to the event date---i want to take them to small claims … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
The attorney for the defense, in a breach of contract civil
The attorney for the defense, in a breach of contract civil suit, while talking to the pro se plaintiffs admitted that his client did in fact breach our contract. What can the pro se due with this adm… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x