Suing Garage

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Drhuntr11

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On 12/04/04 I took my car to Everetts's Auto Body because it was running poorly. They told me that it needed a new motor so they purchased a engine from Jasper Engine for $6300 parts and labor. It came with a 36 month or 50,000 mile Parts & Labor warranty. No problem with the motor until 09/07/05 and it started to blow blue smoke and sputter. We took it back to the garage, Everett's Auto and they told me the turbo was bad and needed replaced. That bill was $665 because Everett's said it would be okay for me to buy a used turbo and they would install it. On 5/18/06 the engine started to knock and smoke again. We took it back to the garage and they informed me that the piston walls had scratches and needed to replace the whole motor again. Jasper honored that warranty and it cost $76 dollars for what plugs, wires etc that it needed. On 06/05/06 this 2nd new motor started to smoke, and use oil. Everett's told me that the turbo that was installed in 05 was bad and he could get a new rebuilt one and install it for $1400. This was my son's car but in my name, and he went out of town during this time so between 09/05 and 04/08 the car had only 2000 miles on it. During this time, the oil was changed at 500 miles. Then again at 3 months. However while attempting to change the oil, the plug was stripped and the oil pan was replaced at another garage. In 04/08 the car started to leak oil from the front seal and it had started to knock. In 4/08, They told me 2nd motor is bad and it would cost $779 for extra labor and a new blow off valve for the turbo for reasons unknown. We agreed and ok'ed the work. After 3 months we called Everrett's to get an update but was informed that a mechanic quit so they are behind. I couple of months past again so we called and they told us by next week it should be ready. After about 2 more weeks they called and told us to come get the car. We went to get it and then they told us no work was done and said Jasper would not pay the labor to install it because the turbo that was put on 06/05/06 is what caused it to fail. I would have to pay labor and buy a brand new turbo. They wouldn't even authorize it being installed without the new turbo even though Everrett's replaced the turbo on 06/05/06 . Even while this 2nd motor is under warranty they refuse to back up their product. Everetts's quoted me $4250 install new turbo and replace motor.

I refused and asked for my $779 back. They said it was not ready because parts were off of it but would call us when it was ready. They called a couple of days later and we had it towed home. Now it leaks transmission and when I got the credit back it was short about $100 for putting back on belts, bolts, whatever.

I have giving Evertett's about 10 grand to put on a new motor on and keeping it running and I still don't have a car.

I would like to sue him for the $4250 quoted plus the extra $100 he charged me for no work done. Even if I think I should sue for more, in Iowa small claims is only to $5000. I have all receipts and documented all phone calls. Please let me know if I have a case in small claims.
 
It sounds like you have a legitimate claim in small claims. You might do best to first see if you can settle and then get your car. If they don't agree, you should first send them a demand letter and then, if you don't get satisfaction, take them to court. The amount you receive, if any, will be dependent upon a number of factors but it is your right to file.
 
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