I hired a mechanic to fix my car which overheated. We towed it to his house and he said it was the head gasket which was damaged that it would be a total of $550. We payed him $300 and had a balance of $250 which we were suppose to pay when I picked up the car. The car was dropped off on a Friday and suppose to be picked up on Monday. On Monday he called saying it wasn't the head gasket only that it was computer that had an error but it was an extra $200 and I had to pay him the money up front. He was charging a total of $400 for the remaining balance. I asked him what happened if the car didnt turn on after he fixed the computer and he said he would give me the money back. Rest assured I said yes. I gave him the money and he said the car would be ready the next day which was Tuesday. Tuesday came along and he said it wasn't turning on and that it was the engine that was blown. He stated that he knew what he had told me about giving me the money back but that he had already payed his employees. He told me to get the car out as soon as he said the car wasn't working and that my best bet was to sell the car to someone. I went to get the car towed the next day with my mom. We both tried talking to him saying if we could get part of the money back and he said he wasn't going to do that. He told me he was going to email me a receipt with everything he did. I asked for the old computer back and he said the mechanic had taken it with him. Later during the day I text him asking to email me the receipt as soon as possible and he said he would have it over at night. The next day I text him again to send it and again stated we would get it on his time. Getting frustrated I told him we we're going to stop by his house which is where he supposedly fixed my car to pick it up. He said not to harass him and that to pick it up from his accountants office. I agreed and asked to also have a receipt for the parts he bought. He also stated that he was going to charge me $1200 for labor which he had never stated before. My car right now is at another repair shop and they stated the car hadnt been fuxed correctly. My question is can I take this to a small claims court? And will I have a chance at winning?
I am a girl and 21 years old. I think he took advantage of that fact.
1 Answer from Attorneys
Best to sue him in small claims court.