Legal Question in Consumer Law in Texas

course of action

I placed my car in an autoshop for repairs, the shop sent a wrecker to pick up my vehicle. I spoke to the repairman who advised me of the cost associated with fixing my vehicle and addvised him to proceed with the repairs and notify me when the car was ready. The repairman failed to contact me for several months, and sent correspondence to my sister that my vehicle was ready. When I went to pick my vehicle up he my stereo speakers and amplifiers were missing, there was no evidence of forced entry and the repairman advised that he needed sometime to decide how to handle this. Two months later I was able to get back in contact with him and he stated he feels he is not responsible for the theft because the car was on the property to long. What course of action do I have at this point?


Asked on 2/05/08, 3:53 pm

2 Answers from Attorneys

Johm Smith tom's

Re: course of action

He is responsible for your car while it is with him, but he could have charged you for storage if he had noticed you of the fee. Yes you may have been irresponsible for leaving it with him so long, but he could have taken action to sell it to recover his costs and charged you for storage. This is one of those situations where you both could have handled it better from the perspective of protecting yourself. You could try to win in small claims.

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Answered on 2/05/08, 4:22 pm
Jeffrey Brashear The Brashear Law Firm, PLLC

Re: course of action

Based on what you have stated, it appears that you might have a cause of action against the repair shop. Additionally, the repair shop may have a claim against you for storage of your vehicle since you left it there for an extended period. If my law firm can assist you with this legal issue or any other legal matter, please contact my legal assistant Jennifer (jennifer@dmillerlaw.com).

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Answered on 2/05/08, 5:01 pm


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