My husband paid $5000 to a body shop to repair and paint his classic car. We have a signed contract and all receipts. The owner contacted us and said he is going into rehab indefinitely and losing his shop. We had to tow car home and we found out he has done nothing for 3 years and has actually damaged the car. Can we sue him for breach of contract? What is average cost for attorney fees in this type of situation?
1 Answer from Attorneys
In Ohio, you can sue him not only for breach of contract, but also for a violation of the Ohio Consumer Sales Practices Act which has the advantage of allowing you to recover attorneys fees and treble damages.
The trouble is that there is an old saying among lawyers: "Getting a judgment for a million bucks is easy. Collecting on it is what is hard." If this guy is losing his shop and going into rehab, then is he going to be collectible? You might be throwing a lot of good money after bad when it comes to paying your attorney. If he has an insurance policy which will defend him and pay out on such claims, then you should get your lawsuit going immediately. But unless there is a deep pockets defendant somewhere, you are likely to obtain a judgment you can't collect on and a bunch of attorneys fees.
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