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mommabear43 · Aug 2, 2007, 05:24 PM

My daughter and husbs car broke down. They had a friend who told them that he would get it fixed for them since they have kids. It got it fixed and now won't give the car back until they pay for the repair which added up to be around $900. He owns a wrecker service and now says they can't get the car because he will use that business to keep their car. Even the place he got the car fixed at said he was doing it for a friend..
What can they do?

GlindaofOz · Aug 2, 2007, 05:41 PM

I don't know where you are living but I know when I lived in NY that was perfectly legal thing for a repair shop to do. Unfortunately since they didn't have a written agreement it is hard to prove that the work was being done for free.

Can you clarify - did the "Friend" do the repair work at a shop that he owns or at someone else's repair shop?

mommabear43 · Aug 2, 2007, 06:18 PM

I live in ky. And it was done at another repair shop. The guy at the repair shop said that he brought it in and said he was fixing for a friend.

GlindaofOz · Aug 2, 2007, 06:42 PM

Okay so the repair shop is refusing to release the car. The "Friend" may not have had permission to fix the car for free from that repair shop.

mommabear43 · Aug 2, 2007, 06:50 PM

The friend (intern preacher) is refusing to give it back . He has already paid the repair shop for the repairs. Hes taken it somewhere else because its no longer at the shop.

GlindaofOz · Aug 2, 2007, 06:54 PM

Okay in that case I'd probably call the police and see what they have to say

mommabear43 · Aug 2, 2007, 06:59 PM

Well we are in the process of a policeman investigating but he don't seem to think he can do anything thinking it's a civil matter but we talked to the county attorney and he said if he would get a statement from the repair stating he was doing it for a friend we can press charges. But the officer don't start his shift till the evening after everything is closed and me and my daughter was thinking of going and getting the statement ourselves or do you think that would piss off the officer.

Just wanted your opinion on the situation or some other ideas on what to do. So do you think we should get the statement ourselves for the repair shop? Thanks for responding

mommabear43 · Aug 2, 2007, 07:26 PM

My daughter had a car and this preacher told her he would fix it for her. It fixed it and now won't let her have the car. He owns a wrecker service and says until she has the money he's keeping the car. He also tells her that he'll buy the car for $200 which its worth about $1700 now. The repair shop said he brought it in their saying he was fixing for a friend. We talked to county attorney and they say if the police would get a statement from the car repair place saying it was done for friend she can press charges and get her car. The officer we spoke with works evenings and I want to know if it would piss off the officer if we got the statement ourselves to speed up investigation or leave it up to him?

jrb252000 · Aug 2, 2007, 07:32 PM

I would leave it to the law... things could get ugly and you don't need anymore headaches right now.

excon · Aug 2, 2007, 07:38 PM

Hello momma:

I think you should let the cops do their job, and I think you should keep all your questions in the same thread.

excon

mommabear43 · Aug 3, 2007, 08:56 PM

I had posted yesterday about my daughter and her car and how a friend got it fixed but now won't let her have the car until she pays for the repairs. We had a policeman to investigate and found out it was a favor and not a business matter. But nothing is being done. We even went to the police chief. Well the friend was notified every time we attempted to do something and he's pissed. He says that the police is laughing at her every time she attempted to get something done. Hes ectrooper and the town I live in has a bad rep with crooked cops. What should she do now?

jrb252000 · Aug 3, 2007, 08:59 PM

Try to file to go to court it will be her word against his. I see this type of stuff on Judge Judy all the time.

mommabear43 · Aug 4, 2007, 06:27 AM

Well IM the one who wrote about my daughters car. Does it cost to go to small claims court since it's a civil matter now.

excon · Aug 4, 2007, 06:32 AM

Hello momma:

Yes, but it's cheap - maybe $100 and that will get him served too.

excon

mommabear43 · Aug 4, 2007, 06:41 AM

The cop did go to the repair shop and found out it was done for friendship but the friend had told the repair he working it out. The story is that he ask my son in law if he could work it out but he said he couldn't because he has child support to pay and that he could work just for the car and get no extra. So the friend said he would do it for the kids. Do you think we still have a chance in court. There's no paperwork that was involved.

excon · Aug 4, 2007, 06:54 AM

Hello momma:

It's much easier to follow the discussion if you keep it in one place.

I haven't followed the whole discussion, but I can tell you this. IF you get to court, you have chance if winning. You need a lawyer, though, or your chances go WAYYYYY down.

excon

s_cianci · Aug 4, 2007, 06:57 AM

There's generally a nominal fee to file in small claims court - about $25, give or take.

Curlyben · Aug 4, 2007, 07:07 AM

>FIVE threads merged<
Please stick to this ONE so members can follow what is happening.

ScottGem · Aug 4, 2007, 07:10 AM

The bottom line here is that someone did repairs on the car. They are entitled to be paid for those repairs. They are entitled to hold onto the car until the repairs are paid for. Unless you have witnesses or proof, that he offered to do the repairs for free I don't see that you have any case against the person who did the repairs. The only issue, in my mind, is if the cost being charged is out of line with the work done.