Full question:
An auto repair shop will not return my car. I have already paid for the work. Now they say I owe more they have had my car since October 2010. Where do I go from here?
- Category: Bailment
- Date:
- State: Texas
Answer:
When a repair shop holds your car, a legal relationship known as bailment is created. There are different types of bailments, including those for hire, constructive bailments, and gratuitous bailments. In a bailment for hire, the shop (bailee) is paid for holding your car. If the shop claims you owe more money, they may have the right to keep your car until you pay, even if you dispute the charges.
In Texas, there is no specific law governing auto repairs, but the Deceptive Trade Practices - Consumer Protection Act prohibits misleading statements about repairs. If you believe the shop has acted unlawfully, you should first get a second opinion from another mechanic. Provide them with your receipt and ask for a written inspection of the work done. This documentation can help you negotiate with the original shop for a refund or resolution.
If you refuse to pay a disputed bill, the mechanic can legally retain your car. Avoid paying with a check if you plan to stop payment later, as this may lead to repossession of your vehicle.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.