Crooked Mechanic Help!!!

[SPARTAKUS13]

Kind of a boat question. I dropped my 1990 F21 Donzi off in August of 2010 to a local mechanic to rebuild the powerhead. He took over two months and still I was waiting. We ended up winterizing and agreeing to fix in the Spring. I paid him over $7k in November of 2010. Assuming just a few tweaks were needed. We ended up agreeing that it needed a new thermostat, impeller, gas cap and a few minor things. In the Spring it wasn't ready. He kept pushing me back to work on customers since I already paid him. There is supposedly a cooling issue (maybe blockage in one of the waterways(I am not a mechanic). Today I stopped by and asked him to get on it on Monday and I wanted it on Friday and he mentioned he had a lot of other boats ahead of mine (which were all recent drop-offs). He hung up on me and told me I wasn't his boss. I'm at a loss. I paid this guy and now have a ripped apart outboard which I paid for and can't drive off the lot. I have no idea what to do? Any advice? As I said, I am not a mechanic and don't know what he has completed or not. Should I try to fight through the credit card company, small claims court? What can I do? Help!!!

 

[tx1961whaler]

Re: Crooked Mechanic Help!!!

I don't think that the credit card company would help if you paid in November of last year.
The first mistake was paying him up front for anything.
This will probably in up in court, since this guy isn't playing ball anymore and I certainly wouldn't trust him to fix anything.

 

[pscrabber59]

Re: Crooked Mechanic Help!!!

Geez sounds like this mechanic is playing hard ball for some reason. Now I'm not a lawyer and was in small claims court once(won). Do you have any paperwork between you and the mechanic??
Paperwork meaning you paid $$$ to have this work done. Pretty hard to prove your case if you don't have any paperwork.

If all else fails maybe you can get on Judge Judy

 

[Smuggler's Blues]

Re: Crooked Mechanic Help!!!

+1 on the small claims court. I just hope you documented everything, and have receipts for everything you paid him. Otherwise as pscrabber59 stated it will be difficult to prove your case.

 

[jay_merrill]

Re: Crooked Mechanic Help!!!

I doubt you can get a small claims court to deal with your issue, if you paid him $7,000. Most won't hear cases over a few thousand.

That said, what in the world possessed you to give someone SEVEN THOUSAND DOLLARS for engine work, before he did the job?

 

[Bamaman1]

Re: Crooked Mechanic Help!!!

You have a legal issue. You probably should talk to an attorney.

 

[5150abf]

Re: Crooked Mechanic Help!!!

I think I would give him 2 alternatives, fix my boat now OR go to court, no one wants to end up in court so he may fix it but at this point I don't know that I would trust any work he did.

I concur, you need to speak to a lawyer that actually knows what to do, it may be as simple as the lawyer sending a letter, always scary, and it lets him know you aren't going away without a boat or your money.

 

[Brewman61]

Re: Crooked Mechanic Help!!!

Find out what the limit is on small claims court fo the state where the mechanic is based. Some states cap small claims awards to $5K, others are higher. Put a case together then file it. Perhaps the notice of a pending lawsuit will get the guy off his rump.
If you did pay by credit card, call the bank behind the card and ask if there is anything they can do, like reverse the payment to the mechanic. I'm not sure what the time limit is, but it costs zero to ask, and if they agree, then you have some leverage.
Finally, if all else fails, consult an attorney, but beware it's going to cost you some coin up front.
Sad part is that all you'll end up with at best is a court judgement. Which you'd then have to try and collect.
Presumably you talked to the mechanic? What did he say? Why the delay, and when will he have the work done?
This is why you never pay for this type of thing up front. Never. Most shops I'm familiar with wouldn't charge till the work is done.
After all, they have physical possession of the boat and trailer for collateral against payment.

 

[Home Cookin']

Re: Crooked Mechanic Help!!!

Me too; you can get a whole 'nother outboard for that.

I don't think I'd want him doing anything to my boat. You already know that he is dishonest. He'll tell you that you need to fix X and you will not know (a) if you really need to fix it and (b) if he fixed it at all (oldest trick in the book). Make him mad and he will screw with you more. He holds all the cards.

PS each state is different on "small claims" jurisdiction. Go to the courthouse in the city/county where he is and talk to the clerks about where to file. Better, talk to a lawyer first.

I doubt you can get a small claims court to deal with your issue, if you paid him $7,000. Most won't hear cases over a few thousand.

That said, what in the world possessed you to give someone SEVEN THOUSAND DOLLARS for engine work, before he did the job?

 

[jay_merrill]

Re: Crooked Mechanic Help!!!

True that limits differ, but I have never heard of a small claims court that will take a case that has a disputed amount of $7,000.

 

[AF rigger]

Re: Crooked Mechanic Help!!!

Since he doesn't seem to want to fix what he has already been paid for and keeps stalling you, try this to see if you get any results. Try picketing his business with a sign saying you paid for repairs and seven months later still not fixed!
just my 2 cents, cheaper than a lawyer though.

 

[pecheux]

Re: Crooked Mechanic Help!!!

I like what AF rigger wrote ... considering the $ 7k up front, sorry to write you are short of options and that suggestion may be the one that will work for you.

If it was me (and it's not) I would be tempted to take my boat outta there and claim my money back.