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can we call the police on this guy?
I flooded my engine for my VW golf and while we were getting that fixed through insurance we decided to rebuild the transmission because it had a small clicking sound. My dad's friend from work used to work for an Audi VW dealership fixing trans so we thought he could fix and rebuild it pretty easily and that was his thought too. He started on it and we gave him money to get a rebuild kit and a new rear gear to fix the broken one. It seemed everything was going good and he would have it done but the last time he called he said it accidentally chipped the 5th gear so my dad gave him the money to get a new one so he could finish and that was the last thing he had to do. Then when my dad talk to him next he said he was having back surgery in a few weeks and might not beable to work on it. And when he hadn't call for those few weeks and my dad couldn't get a hold of him ( a bunch of answering machines and messages left with his family). Dad went to his house and found his place empty and the guy had moved. At the moment were still giving him the benefit of the doubt since my dad had back surgery and had to tell a lot of his client the bad news about not working on their cars for awhile. All we want is it finish or get it back a box of parts so we can find some one else to put it together. The cheapest I can find a used transmission online for is $560 and the average is around $1000. So using that as the value of my transmission he has plus the cash we forked over for the parts and rebuild can we charge him with a crime. My dad says that since it was verbal agreement we can't do anything. If anything I just want my transmission back.
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This is a civil case, not a criminal one. You can sue the person in small claims court for the value of the parts he has of yours plus the money you dad paid him. The fact that there was no written contract isn't helpful, but does not preclude you from filing suit. |
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Actually if he took the money with no intent to ever do the work, it is criminal also. I pressed charges on a contractor just two weeks ago personally who I gave a deposit check to, and they skipped town with the money. The main issue will be if intent to do fraud is present. So proving that it was just not a bad business deal, but a fraud |
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