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Sue a business/individual for incorrect work.
Anonymous10 views2 answers
I took my motorcycle to be tuned. This shop had my bike almost 7 months. When he said it was finally done, it ran good for the test ride, but letter in the day it did not. I paid him $350 cash. I have now taken the bike to the dealer to be fixed. What amount can I sue for? Only the $350 I paid him or can I get the $350 plus what I had to pay the dealer to fix my bike. I also filed a complaint with the BBB and the Attorney General, but he refused to refund my money. He said he would keep working on it, but if he could not fix it in 7 months, why would I take it back to him. His shop has since closed, but I have all the information from the complaints I filed. The dealer said the bike had the wrong size jets for the carburetors.
It is possible to get expectation damages. In your situation that would be what you paid the dealer -(minus) the $350. So if the dealer charger $450, you can claim $100 in expectation damages. You may also claim consequential damages, and those would be the loss of use of your motorcycle (say the rental cost) for the seven months -(minus) the reasonable repair time.
Your biggest issue is probably going to be collection from the shop that closed. Do a PA corporate search to see if the shop is a business entity or not. If no, then you might be able to go after the mechanic as an individual.
Because the amount at issue is quite low, if PA has courts set up for small claims, then that would be the way to go as you can represent yourself. However, it may be a Pyrrhic victory if there is no one to collect from or even with a judgment they are judgment proof.
