Heeey ! Does your local news station have an investigative team ? If so , call them and let them make a story about it ! Maybe other people have had this same problem and will come forward .Its called consumer fraud and most states prosecute these people . The business may give you your money back , its either that or look bad on the 6 ' oclock news ! And bad news , travels fast , which turns into loss of business ! And its all legal !!!!!!!!!!!!

 

first quote is ideal Id prob head that route and forget the money cause thats an f job if not downright disrespectful...
anyhow the ball is up in the air theyd probably say anything but please keep us informed I wish you luck!!!

 

This is prolly the best advise so far after you talk to the tranny shop that screwed you. Forget the lawyers. The major problem here is that you are in a state other than where the dirty deed occured. You would have to come to Ca. to go to court. As noted you can sue in small claims for up to $5K, but collecting is a PITA and will take forever. You can also complain to Ca. Consumer Affairs/Bureau of Automotive Repair in Sacramento. They may not get your money back, but may do a sting on the offender and levy a hefty fine or put his -ss in jail. ATRA may be your best option. After that a TV station near where the shop is. I hate it when this happens. Good Luck!

 

I think you are pretty close to felony fraude.
An attorny can add up the bill and see where it falls according to the law.
I think it carries 1 to 5 years in eather the state or fed prison .
No proof needed here the bill and second shop can back you up.

 

What state these @$$holes in?!

I know some people who know some people who own large bats.

 

If you sue him/company in small claims court it could take a year to get your claim heard. If you get a judgement, you still need to collect. He'll hide all of his assets, close the business and start another one.

If you sue him in a criminal case and he's convicted, chances are he'll get probation and a money judgement in your favor. But again you need to collect the money.

As far as getting any CA Government agency to assist you, forget it. This stuff happens all the time. They have more important cases to investigate/prosecute.

Unless you have deep pockets to pay for a lawyer, try working with the ATRA.

 

I'd go to Small Claims court. Here in CA, you can get up to $5000, and it's entirely free (all you pay is like a $15 court fee) neither side can have attorneys, only YOUR OWN BRAIN. I've won there, for a crappy car I bought that nearly killed me.
If this happened(s) to me, I would/will be doing the same thing. THEN, maybe go kill some families.

 

If I understand this correctly, you had a California shop fix your transmission and then moved to Michigan and now have a problem with the tranny and then discover that they didn't put the parts in that they promised.

There is not much you can do to them without going to CA. For a traditional civil suit, the legal fees will quickly surpass the cost of the tranny. If it was a friend of mine, I would be willing to represent them and keep the claim in small claims court. Small claims traditionally can be done without an attorney, but it is still better to have one, especially when it comes to collecting the judgement. The biggest problem is that you must do it in CA.

As someone mentioned, this could actually be criminal. Problem is, that the crime would have taken place in CA and the charges would need to be brought there.

Probably your best bet is the warranty company, see if they will pay to bring the tranny up to the specs that you thought you had initially. If not, they have a presence in Mich, so you can sue them in small claims in your home state. You probalby don't have astrong case against them, but it may give you some leverage with them.

 

My wife had some transmition work done at a national chain transmition shop in San Diego when I was on a deployment. To make a long story short they ripped her off. Upon my return, I went to a reputable independent shop to get the car "FIXED" it cost 60 bucks and he called me in to show me that the other shop never even pulled the pan.

To make a long story short, he wrote a statement to that effect, I went back to the first shop and requested a refund. He was rude and made some smarta$$ comments. I told him that was unaccepptable and I was not going to leave with out my money. Then he called in his two mechanics and they said they were going to beat my ***! I told him he needed to get a few more guys and yanked his lying a$$ over the counter. He played nice and gave me a full refund. "I would not have touched him, however, I felt threatened and feared for my safety" (thats my story and I am sticking with it.)

I say start off polite and if they escalate, go with it. As my Master Gunnery Sergeant Father always told me. "Don't get in a fight to get your a$$ whipped, there are no rules in a street fight"

Mike

 

For $3000 a lawyer will be useless. That is what small claims court is for. You have a receipt listing in detail all the parts that were supposed to be installled by an ATRA member shop. You have another ATRA shop that will document that the above parts were not installed. If you file in small claims in CA you most likely will win. First though, you MUST be able to show the court that you gave the shop owner(s) a chance to make restitution. Otherwise it will be blamed on a misunderstanding and a "bad mechanic who has been let go".

Make copies of your documentation and send a copy of everything to the shop in a CERTIFIED letter. It is IMPORTANT that it be certified for it establishes your attempt to contact the shop owner (and shows them you mean business). In your letter, clearly state your problem and excatly what you expect the shop owner to do about it. Write this letter as if the small claims court judge was sitting next to you watching you write it. This is what you take to court if you have to go. Be expilicit about the exact amounts you are due. After it is all totalled, seperately note that if you are required to fly to CA to attend the court hearing the amounts you expect to pay for airfare and hotel costs (Don't add food) will be added to the total which you will ask the court to have you reimbursed for. Finally state that if you do not have an adequate response within 14 days and full payment within 30 days you WILL file in small claims court and WILL at he same time forward copies of your complaint to the BBB, the ATRA, and the local DA for that county for theft.

A loss in small claims court will severely impact the ability of the business to get credit and will make the local DA much more likely to start asking questions. They will probably pay.

 

Great straight forward recommendation, I am in the same sort of fix with my motor / tranny dilemma. Another thought is that they are probably B.A.R. certified/licensed .. "Buerea of Automotive Repair", a complaint to the BAR. will probably get their attention. I have my new Raptor still in the crate from warranty work, makes me think I should look inside it to be sure it has all the stuff promised. Really sucks when people take your money and then don't deliver, they deserve Thor's hammer .. good luck.