Legal Question in Business Law in Utah

I have a landscape company and I took 2 of my trucks that needed repair to a mechanic. 1 truck needed a new heater core, also a radiator flush, and new hoses associated with the heater core. On this truck they broke the throttle body cover, and did not do a radiator flush only added antifreeze what leaked out while taking the heater core out.

second truck I took it in for a new belt as this belt was older and squeaking as all belts do when they are of age. 4 days later I call to see what the hold up was as it is prohibiting me from being able to send my crew out to make money. They said well it needs a new power steering pump pulley, I said whatever I need it fixed my guys are sitting at home waiting for work. 3 days later I call they said well it doesnt need a new pully it needs a new power steering pump! Ok I just needed the truck to be done so we could work. I got the truck back as I go to pay they have me sign a paper of something that says in there about paying and if I dont then they have all rights to file a lien on my trucks. About a week after I had the trucks back I went to check the oil and thats when I noticed the cover broke in truck 1 and I tested the antifreeze and came to find out it wasnt replaced which if it freezes again it could damage my new heater core which I paid $750 for it. I decided then to check truck 2 at the power steering pump. I discover that it appears to have a new pulley and the power steering pump looks like it was just sprayed with de greaser and whipped down, it had a ton of scratches, dings, and on part of the back dented with the paint scraped off. I took it to the part store and asked if they could tell if it was new or not they pulled a new one out of the box and we determined mine was the same exact pump as when I brought it in. All they did was clean it up wipe it down and called it a day. As I called the owner of the shop they were no help but saying good luck proving that its not new. He said that his guy just set it on the ground and thats why its all beat up, scratched and dented... He then said remember that paper you signed? I said yes as I was paying, then said it is what it is, and if you cancel your credit card etc I will file a lien on the trucks and have them towed. Then sell them for what you owe me, I paid him a total of $1150 for both of the trucks. I stated yes I signed it on "good faith and trust that what I was being charged for the work was actually done"

So my questions are since he did not do what was agreed can he legally file a lien? Or is it a false lien due to I signed the paper in trust they serviced the trucks as what we agreed to but they didnt? 2) If we go to court can I also ask for more than what was charged, such as loss of time from work that they had the truck just sitting there doing nothing. Now needing to take more time that I dont have to another shop to get my radiator properly flushed before it freezes and causes more internal damage, Court fees and needing to take time to file and time in court? I originally only asked for $340 back and he laughed and said hes not returning anyting..

On a different note this same mechanic shop has a groupon deal and claimed normally his service fees are $170 for front breaks but the groupon deal was for $75. so 50% of a deal, but all they did was tell groupon that the price was normally higher and their rate is always $75 for brakes for whoever walks in the door so people thinking they are getting a "good deal" really arent. Isnt that false advertising? Sorry for making this so long I do appreciate any help I may receive thank you..


Asked on 4/02/14, 10:05 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Take the shop to small claims court to recover what you paid. The judge can cancel the lien and award you your damages.

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Answered on 4/03/14, 6:22 am


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