Legal Question in Consumer Law in Washington

Claim against repair shop

In summer 2005, we took our jetski boat to S&M repair to get fixed. We knew owner thru family members of ours. In fall 05, S&M said was fixed & winterized-we paid $400 and put boat in storage. In spring 06, took boat to lake, but found out engine was never put back together, fuel lines disconnected, etc. Contact owner who apologized & said bring back in & he would make it right, no charge. So we did and for the past year & half have tried to get boat back. Owner does not return calls, moved business & still has our boat. Our family member who knows him finally tried to help but owner of shop says boat is in storage & we must pay him $$ to get it. We have receipts showing we paid once already & we want to take to court to get our boat plus damages for loss of use or other, but not sure how to do. Any input as to how we should proceed, how to get lawyer, etc would be greatly appreciated. Thanks


Asked on 7/31/07, 1:45 am

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Claim against repair shop

The action you are describing is for replevin. That means you want the court to order the defendant shop owner to return your property.

Chances are the Court will not allow damages for loss of use - long story, but that is the bottom line. Court may allow treble damages and attorney fees under the Consumer Protection Act, and or common law conversion. This Act also allows attorney fees and costs to be recovered.

As you are asking for specific relief, this is a case that belongs in Superior Court. If you just wanted the money, it could be in District Court. This is not self-help law; you need a lawyer.

Best and easiest way to research lawyers is avvo dot com. (That's a v v o). Look for litigation as this is not a simple suit for damages, but an injunction / replevin action. The good news is that this can be resolved in very short order - probably under two months.

Hope this helps - Elizabeth Powell

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Answered on 7/31/07, 9:10 am


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