Legal Question in Business Law in Georgia

I'm thinking of filing in small claims court for $1,800 transmission repair. I got a transmission rebuilt through my mechanic, who contracted it out to another party. It came with a 6 month warranty. I started having problems with the transmission slipping only a couple weeks later. I brought my truck in on two or three separate occasions to be fixed. First time my mechanic said it was a "running" problem and not the transmission and he claimed to have fixed it. When I got it back it was doing the same thing, still slipping. The last time I took it back while it was still under warranty and he kept it for over a month while I assumed it was getting repaired. After the long wait, I finally called to check up on the status of my truck and he said one of his employees drove my truck and determined there was nothing wrong with the transmission and couldn't fell it slipping. I get it back drive it for another month, no choice because my backup vehicle is now out of operating order also. Finally, a month after warranty is out, transmission dies on me. My mechanic gets it towed to his shop and he says it's out of warranty so it's not covered. I have to argue with him that I brought it to him repeatedly to fix and he did nothing. He let it sit at his shop for a month, broken while it was under warranty. What else was I supposed to do. He took advantage of me. He then tells me the guy who did the transmission is out of business. I wonder how long he has been out of business. I think he was covering for the guy and himself the whole time. What can I do?


Asked on 4/20/16, 7:02 am

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

I think magistrate (small claims) court is the way to go. I would include all direct damages you suffered - costs of repairs, etc. and an undetermined amount for potential fraud. Make sure you documents the situation as much as possible and bring everything with you to the court date. Also keep in mind that the maximum amount in small claims court is $15,000. While unlikely the court would award anything beyond your direct damages, you might as well ask for it.

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Answered on 4/20/16, 8:19 am


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