How Do I Begin A Small Claims Lawsuit Against An Auto Mechanic Who I Believe Ripped Me Off

Posted in Crank, Oil and Piston | Asked on Sep 1, 2010
  • I have taken my car (1999 Nissan Maxima) to an auto mechanic in Georgia who charged me $1300 (of which he charged $720 for labor) to correct a “Check Engine” problem. He had told me he needed to replace the EGR Valve, the O2 sensor and the knock sensor. Even after paying him this amount, the problem still shows up. I have taken the car back to him to correct the same problem twice now (all within a one-week span).

    On the final visit to his shop, he told me to take the car to the dealer to reprogram an on-board computer.

    I am tired and fed-up with this B.S and I am planning to file a lawsuit against this shop owner at a small claims court. Could someone please advice me?
    (1) Could I first ask my credit card company to reverse the charges?
    (2) In addition, could I launch a complaint through the Better Business Bureau?
    (3) Do I have any legal ground at a small claims court?

    There are 5 Answers for "How Do I Begin A Small Claims Lawsuit Against An Auto Mechanic Who I Believe Ripped Me Off"

    1. Edselmanll says:

      Do all three, Go to the county clerks office to get the paper application and pay the fee :)

    2. Heinz M says:

      If the charge is no older than 60 days, cancel it.
      And yes, if necessary you can take it to small claims.

    3. Dodge Man says:

      I own a repair shop,and first off it cant cost that much to do what he did to it,anyone would have known better to have payed that bill right on the spot,,the parts only cost around 200 bucks so had to have done something else to it besides that,because it only takes aroun 3 hours at the most to do what he done to it,so there’s something missing here,because he knows he could be sued in a court of law for that, so was he that dumb to make that kind of a mistake,,maybe,,who knows but you could win this one if you wanted to file a claim on it,any judge would agree with you on this one,if this is all to the story,id go after it if i thought i was in the right,,good luck,,i hope this help,s,,PS on that job i would have charged around 250-350 to make all the needed repairs on it.

    4. Scott says:

      1-you need to tell credit card co right away.
      They send a form you fill out and tell them whats wrong, you may not have to pay it.
      2-this is not as useless as pissing in wind, but almost.
      3-you can file in small claims, certainly.
      credit card co complaint is best bet.

    5. Midas_darin says:

      You definitely got ripped off for what was done. If this is a V6, there should be 3 O2 sensors. If the O2 sensor was bad, he could have replaced the wrong one.

      It will cost about $80 for the dealership to diagnose the check engine light. I would have this done and see what they tell you. Get everything in writing so that you have more evidence to support your case.

      Then, you may do all of the above to rectify the problem. If you have your credit card company fight the charge, be assured the mechanic that charged you will fight back.

      Filing a claim with the BBB doesn’t really do much. They send a letter to the business and they have so many days to reply. If the BBB decides that the business is a ripoff, they may put that in their database but I don’t think much else happens.

      Use your evidence from the dealership and the paperwork from the original mechanic and file a claim in small claims. I think you would have a pretty decent case.