Need an attorney for smaller case… (how much, lawyer, DMV)

[NCSweettea]

Need a good local attorney:
I’ve recently had an issue with an auto mechanic taking four months to fix a vehicle and he’s just playing games at this point. He’s already been paid for the job, a complete rebuilt engine that he didn’t do. Took the car back and keeps making excuses month after month after month. Now of course this isn’t going to be a big case. I paid them $4000 plus other expenses. Of course a good attorney can come up with other damages. At this point my only recourse is to take legal action against him since this is a smaller case I know most attorneys won’t take it, but I know maybe there’s some newer Attorney‘s
, or Attorney’s who practice in this type of law out, there I just don’t know who any of them are.

Does anyone know a good “small town” attorney who would take a smaller case such as this?

[m378]

Small claims?

[NCSweettea]

Originally Posted by m378

Small claims?

That’s an option, but I plan to sue for more than just what he charged me. FOUR months, he’s fixed nothing, lies about everything.

[twingles]

How much are you prepared to pay per hour? And what sort of damages will you be seeking aside from the money you're out? You know you have to be able to prove damages in court, right? Are you just looking for someone to send a threatening letter or do you want to sue? You know filing a suit and then going through all those motions costs money, right?

[NCSweettea]

Originally Posted by twingles

How much are you prepared to pay per hour? And what sort of damages will you be seeking aside from the money you're out? You know you have to be able to prove damages in court, right? Are you just looking for someone to send a threatening letter or do you want to sue? You know filing a suit and then going through all those motions costs money, right?

I’m aware of how it works. I’ll put it to you this way. I’m angry and people like this guy need to be called out. He’s a fraud. I’m not the only one he’s done this too. Same narrative. I’d spend $5000 to get $4000. Get where I’m at? Lol

That said, a threatening letting at first. If he refuses to refund me and or give my vehicle back in the condition he got it? Then I’d proceed.

[BoSox 15]

If you don't get a recommendation, why not just search for a consumer protection attorney and see which ones offer a free consultation? At least you'd have an idea if this is something that can be handled with a letter or something that is going to take more time (and $$).

[wizard-xyzzy]

The cap on small claims cases has been raised to $10K. But remember, the defendant who loses in small claims court can ask for a new trial in district court, where it's not a good idea to represent oneself.

[rfb]

Originally Posted by NCSweettea

I’m aware of how it works. I’ll put it to you this way. I’m angry and people like this guy need to be called out. He’s a fraud. I’m not the only one he’s done this too. Same narrative. I’d spend $5000 to get $4000. Get where I’m at? Lol

That said, a threatening letting at first. If he refuses to refund me and or give my vehicle back in the condition he got it? Then I’d proceed.

If your goal is to (hopefully) punish the other party, feel free to spend your money to do so. You may succeed; you may fail. But a civil court is all about money, so maximizing that while minimizing expenses may make sense.

[twingles]

Originally Posted by NCSweettea

I’m aware of how it works. I’ll put it to you this way. I’m angry and people like this guy need to be called out. He’s a fraud. I’m not the only one he’s done this too. Same narrative. I’d spend $5000 to get $4000. Get where I’m at? Lol

That said, a threatening letting at first. If he refuses to refund me and or give my vehicle back in the condition he got it? Then I’d proceed.

Well that's good....I doubt you'll get an attorney to take the case, unless as you pointed out it's a newbie but the problem is if they've struck out on their own they generally get in their own way and you're paying them for that so it's good you're willing to spend more than you might get back (and no, I don't get that, since you have to pay even more money to enforce any judgement and are unlikely to see any money but by all means.....

In NY the DMV actually handles complaints against body shops. Not sure the mechanism in NC but you might start with the Attorney General.

[NC Observer]

In order to get a “no cost/ free” consultation, you will be pre-screened by a low level, non-attorney person, and that person will make the decision as to whether or not the case is worthwhile for a staff attorney to spend 30 minutes in a free consultation with you. This dollar amount is peanuts and I doubt that you would get beyond the initial call with the screener.

In this case, the pre-screener would likely recommend that you handle it yourself, in small claims court, where cases like this should land. That’s the whole point. You do the legwork yourself and save money. Although the losing party has an automatic right to appeal, it will likely lead to a quick settlement. Small Claims has a limit of $ 10,000.00, so you would be good there.

No lawyer is going to touch this case unless you agree to pay an hourly rate, which can be quite expensive. It still may be worth it if they do nothing than write a firm Demand Letter, which will get the repair guy’s attention. Still, that would cost you. I just went through this in a similar matter, (although the dollar amount was somewhat higher, around $ 40,000.00) and I paid $ 400.00 per hour. Lawyers aren’t cheap. My final bill legal bill was close to $ 4,500.00, mainly due to the back and forth between the lawyer and my former business partner etc. They will bill you for everything, including “paralegal fees”.