Legal Question in Credit and Debt Law in Georgia

Had my car serviced at a Chevy dealer. They told me it would cost $400. When the work was done, the bill had no charge and listed as warranty work. I left the dealer paying nothing for the service.

2 days later, I received a call from the service department saying they made a coding error on the service performed. Now, they want me to come back in and pay $400 for the service.

I have yet to go in and about a week later I received a voice mail asking me again to come in and pay.

Am I obligated to pay for this service when my bill clearly shows no charge?


Asked on 1/23/16, 4:25 am

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Had they mistakenly overcharged, would you be out of luck once you left or would you expect a refund? You know the work was $400, agreed to it, and likely knew it was an error on the bill when you picked up the car. The better question is whether you can get away with taking advantage of their error. Maybe, and maybe they will turn it over to a collector. Either way, you've burned a bridge with them. Just do the right thing.

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Answered on 1/23/16, 6:24 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Legally, yes. If they had overcharged by mistake and you complained, you'd get a refund. It works both ways. Forgetting that it is the right thing to do, don't make the costly mistake of ruining your credit for $400.

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Answered on 1/23/16, 11:02 am

There is legal responsibility and moral responsibility. The law of mistake is complicated - who knows what a judge would do if this ever went to court? Morally, you have an obligation to pay for work that was done unless you really did have a warranty that covered it.

I agree with Attorney Ashman. Is this a battle you want to fight and have your credit ruined over? Mechanics have liens on cars until the work they did has been paid for. They mistakenly gave you back the car - I don't think their actions extinguished their lien although I have not reviewed Georgia mechanics' liens lately.

What you can do is try to negotiate a bit ... see if they will reduce any charges if you pay at once and in cash. Who knows? Maybe they will knock some off your bill. If not, then pay up. Whether you choose to go back there ever again is up to you.

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Answered on 1/23/16, 3:57 pm


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