Quote:
Originally Posted by The Boss
Theft of services, it's a crime - talk to the local police.
|
It's the other way around. It's considered "theft of services" if your car was repaired and you came at night with a second set of keys and took the car without paying. Just like having dinner at a restaurant and skipping out without paying the bill.
The OP's issue would fall under "Breech of Contract" for not finishing the work within the contractually stipulated period of time in a workman-like manner. No contract, no breech. The OP's only option is Small Claims Court but his case is weak for lack or a written agreement. If the OP paid cash, even worse. With cancelled checks, there is proof he paid for services. In all likelihood, the OP would prevail in small claims but the amount of the settlement would be left up to the judge in the absence of proof of payment.
Never never never pay in full, in advance, If a partial payment is required, insist on a receipt on the company's letterhead listing the work to be performed total amount of the work, the amount of the deposit and the balance due on completion of the work.
I had an issue a while back with a father and son transmission shop. I paid 1/2 in advance for a trans and rear end rebuild. I got a receipt as per the above. The work went on forever but the trans and rear end were finally completed. There was a point where the owner requested the balance due in advance and I simply told him "I have already paid half so the sooner you finish, the sooner you get paid." I got to know the owners son who confided that he hadn't been paid in 16 weeks. He told me his dad's MO is to get half up front to pay their vendors and himself. He advised they had at least 10 transmission pulls sitting in the lot for over a year with no money to finish them and had I paid in full, my car would have joined what he called "death row".
Many body shops are no different. Your money is long gone and they have no intention of ever finishing your car unless legally compelled to do so.