Legal Question in Business Law in California

Hello!

My car was in the body shop for post accident repair and the agreement (verbal) was that I will peek it up in 10 days, but 18 days after I dropped the vehicle, they didn�t started the repairs because they didn�t have all the parts. When I got upset, they told me, if I don�t like the service, I am welcome to take the car some where else. When I came to the body shop I was presented with the bill of $2751.25 that I would need to pay in order to get my car. The bill included storage fees, tear down fee, fees for the parts that they already purchased and I was told that I need a tow track to move my car. I was in state of shock because nobody ever mentioned anything about such fees. I looked thought the paper that I�ve sighted when I came there and it was nothing about that. At this point I told them that I can�t afford to pay $2751.25 and have no choice, but let them to finish the repair, but they told me that it�s me who put myself in such a situation and now they don�t want to finish the repair, because I am an unhappy costumer. They were asking me to pay $ 2751.25 and leave and refuse to negotiate. At this point I had no choice, but call the police. The police officer explained that he has no authorities to resolve a business dispute, but on my behave he asked if they can continue the repair and the answer was : NO. The police officer advised me to write a complaint. He provided me with his contact information and kindly offered to testify if it�s needed. At this point I had no choice, but to pay $2700.51 in cash and arrange for the tow track to move my car to a different body shop. The question is : can I take them to a small claims court to get my money back?

Thank you very much for your time,

Nataliya.


Asked on 1/02/10, 8:11 pm

3 Answers from Attorneys

You should contact the California Dept. of Consumer Affairs Bureau of Automotive Repairs and file a complaint. http://www.bar.ca.gov/01_ConsumerActivities/03_ReportingResolvingComplaints/index.html

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Answered on 1/07/10, 11:33 pm
Bryan C. Becker Your Lawyer for Life.

File the complaint as Ms. McCormick suggests and take them to small claims court. Keep all of your records and information.

Best,

Bryan Becker

Becker Attorneys

877.201.8728

www.becker-attorneys.com

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Answered on 1/08/10, 12:18 pm
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

I agree, contact the California Department of Consumer Affairs. You should also file complaints with any local better business bureaus and any associations which they advertise being members of. And, of course, you should sue them in small claims court.

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Answered on 1/08/10, 5:33 pm


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