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legalgems, Lawyer
Category: Legal
Satisfied Customers: 10484
Experience:  Just Answer consultant at Self employed
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My car was overheating and I took it to a guy called Richie

Customer Question

JA: Hi. What is your issue regarding?
Customer: My car was overheating and I took it to a guy called Richie to be fixed.
JA: What state are you in? It matters because laws vary by location.
Customer: I'm in PA but I took the car to a guy in NJ
JA: Has anything been filed or reported?
Customer: I filed a complain to the police
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes. He told me that he will diagnose it and will call me. He called me and told me that it will cost me $750. I negotiated and we ended it at 700. Two days later he called me and told me that the car's coolant reservoir is cracked and charged me an extra 100 for the repair making a new total of 800. After a week, he called me saying that my car is fixed and he made several repairs that has brought the cost now up to one thousand one hundred and some dollars. Then I said no I don't know about that. I told him that he should have called me before doing any additional job. So he refuse to accept the $800 from me and he refuse to give me my car key telling me that the NJ law covers him to seized my key and charge me for storage on top of the Bergin.
Submitted: 1 year ago.
Category: Legal
Expert:  legalgems replied 1 year ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Customer: replied 1 year ago.
Are u there?
Expert:  legalgems replied 1 year ago.

I am sorry to hear this;

generally the police won't get involved if there is a civil remedy, and for auto repair disputes there is a civil remedy.

NJ has a very comprehensive consumer protection statute codified at N.J.A.C. §13:45A-26C.2. It states the following is required (i.e. written authorization):

i. Specific written authorization from the customer, signed by the customer, which states the nature of the repair requested or problem presented and the odometer reading of the vehicle; or

ii. If the customer's vehicle is presented to the automotive repair dealer during other than normal working hours or by one other than the customer, oral authorization from the customer to proceed with the requested repair or problem presented, evidenced by a notation on the repair order and/or invoice of the repairs requested or problem presented, date, time, name of person granting such authorization, and the telephone number, if any, at which said person was contacted.

Per the case Jiries v. BP Oil, any authorization must be specific, not vague (294 N.J. Super. 225), or it is a per se violation (violation in fact).

If customer fails to pay a repair bill after authorizing the charges, the repair shop has the right to refuse to return the car until the bill is paid, so it becomes a lien N.J.S.A. 2A:44-20, et seq.The repair shop must give written notice of the lien and 30 days to pay the bill before the car may be sold to satisfy the lien. Also, the repair shop may add charges to the bill for storage of the car.

But again, authorization is required in order for a repair shop to obtain a lien.

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 1 year ago.

Yes, I'm sorry- I was researching and typing so I could not view your response; please let me know if you need clarification on the above, otherwise kindly rate 3, 4 or 5 stars if you feel I have earned it. Thanks!

Customer: replied 1 year ago.
sorry my band blocked the transaction. I'm trying to reach them
Expert:  legalgems replied 1 year ago.

I'm sorry; I am not set up right now to handle phone calls. If you would like to continue on this page, I will definitely do my best to get you the needed information. Please let me know if you would like to continue.

Expert:  legalgems replied 1 year ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!