Repair Shop Embezzlement

[NoZombies]

hello,

My car was taken to a local repair shop, and I was given a verbal estimate of $972 to replace the fuel pump. I authorized the shop verbally to check for obstructions to the fuel tank, but not to install the fuel pump. So the repair shop installed the fuel pump, and hung-up on me when I told them it was unauthorized. I was not given any written estimate, and did not sign anything.

I called an Attorney who told me that the repair shop does not have a Mechanic's Lien and is not legally able to hold my car, and that the Police should help recovering my property.

I went to the shop, the owner would not return my car, and I called the Police. The Officer heard both sides, then told me that my Attorney gave me 'stupid advice' that the car should be returned. The Officer suggested that I pay for the car repairs anyway then file a suit with the Magistrate.

I checked the Mechanical Lien laws:

If a person (licensed repair facility) has repaired, furnished supplies or materials, towed or stored a vehicle and has not been paid for the services rendered, that person has a lien against the vehicle. The lien arises at the time the registered owner is presented with a written statement of charges for completed work or services. Although if services were performed that were not agreed upon and no written and signed estimate was issued beforehand, a mechanic has no right to keep the title owner from reclaiming the vehicle. If a mechanic asserts a fee that is not reasonably related to the work performed, and refuses to return the vehicle until that price is paid, the owner of the vehicle will be able to recoup a storage fee from the mechanic, as the mechanic is in the wrong for refusing to return the vehicle. In doing so the mechanic would commit the crime of conversion, or Embezzlement.

The City Police Sargent just called me back and told me that this is a civil matter and that they wouldn't do anything to help.

Who can help get my car back ?

[DeltaV]

First, conversion isn't a crime. Theft is a crime, conversion is the civil equivalent to theft. If your attorney is telling you that conversion is a crime then you need to find a new attorney. Embezzlement is when someone steals something that they are legally entrusted with, such as a company's treasurer taking money out of the bank account. It does not involve repair work.

You don't say what state you're in and laws differ everywhere. The repair shop doesn't need to have a mechanic's lien in hand in order to refuse to give your vehicle back. It's something that can be filed for at a later time in most places.

[NoZombies]

DeltaV,

thank you.
I am in Pennsylvania.

Source of the quote above: Mechanic's lien - Wikipedia, the free encyclopedia

Section: Vehicular definition of a lien sale

[Joeyd6]

I would call the lawyer back........or pay "under protest" and then sue.

[TEXASCOP]

You verbally gave them permission to "check for obstructions to the fuel tank"? Do you mean some type of blockage in the fuel pump/tank. I'm not a mechanic but I play one on the weekends. To check for an obstruction inside the fuel tank/pump you normally have to drop the fuel tank down from the car. The fuel pump (in most cases) is mounted on the tank itself and can be detached. I have replaced a couple of fuel pumps in my time and a replacement pump normally cost between $100-$150. The labor is about 80% of your cost, its time consuming to drop a gas tank. If you gave permission for them to check for an obstruction in the tank, the labor just to drop the tank to check for the obstruction was probably about $400 in labor its self. The guy likely dropped the tank and discovered the pump was bad. He probably figured with the amount in labor he is going to charge you he mine as well replace the pump.

[Legoate]

We used to have a crooked boat repair place that would pull this crap all of the time. Unfortunately it's a civil matter and your only recourse is to file suit against the shop in civil court.

It finally backfired on the boat repair shop when someone drove away that owed them money. The owner jumped into boat as it was driving off. When we got there we told the owner the same thing- you need to file suit against the boat owner to get your money back.

We then left him on the side of the road and let him find his own way back to the shop.

[NoZombies]

I would call the lawyer back........or pay "under protest" and then sue.

Thank you Sir.
I sent the Attorney an email and am waiting to hear back.

You verbally gave them permission to "check for obstructions to the fuel tank"? Do you mean some type of blockage in the fuel pump/tank. I'm not a mechanic but I play one on the weekends. To check for an obstruction inside the fuel tank/pump you normally have to drop the fuel tank down from the car. The fuel pump (in most cases) is mounted on the tank itself and can be detached. I have replaced a couple of fuel pumps in my time and a replacement pump normally cost between $100-$150. The labor is about 80% of your cost, its time consuming to drop a gas tank. If you gave permission for them to check for an obstruction in the tank, the labor just to drop the tank to check for the obstruction was probably about $400 in labor its self. The guy likely dropped the tank and discovered the pump was bad. He probably figured with the amount in labor he is going to charge you he mine as well replace the pump.

Yes Sir.

I received a copy of the invoice AFTER the Police Officer left...
Repair guy is trying to charge me:

PARTS

$405.38 for the Fuel Pump (part E8416M) available for $178.89 HERE

$138.02 for the Fuel Filter (part KL149) available for $44.39 HERE

$ 29.73 Shop Supplies



LABOR

$222.15 Fuel Pump "Remove and Replace"

$ 77.27 Investigate no start condition
Investigate no fuel pump operation
Retrieve Fuel sample as best as possible
Diagnose Faulty Fuel Pump

$ 38.64 Fuel Filter Replace and Remove

$ 5.12 Hazardous Materials

($54.98 tax)

TOTAL 971.27


The $77.27 charge is the ONLY one I authorized verbally !
He said the car may be sputtering due to 'shrapnel' and I asked that he investigate that and call me when it was open. Nothing was authorized by signature.

I've spent over $2400 recently at other shops without problems.
I received better quotes for this job from two other shops and was planning to have it towed to the closest when he called back and told me that the fuel pump was installed. Also, the first I heard about replacing the fuel filter was while the Police Officer was there ! He didn't even mention it before !

We used to have a crooked boat repair place that would pull this crap all of the time. Unfortunately it's a civil matter and your only recourse is to file suit against the shop in civil court.

Thank you Sir.
I truly hope I can get this situation to backfire similarly

[TEXASCOP]

Yeah last time one of my buddy's called me about his fuel pump he was quoted at $450 installed. Between $400-600 seems to be about the going rate. Your guy is really adding the charges on. Fuel filters are the most common reason that the fuel pump burns out, the filter is supposed to be changed about every 10,000-15,000 miles. The filter clogs up and the pump has to strain to push fuel to your injectors, subsequently wearing out the fuel pump.

[greg72982]

Definitely civil

[NoZombies]

Thank you TEXASCOP and Greg72982.

[NoZombies]

It finally backfired on the boat repair shop when someone drove away that owed them money.

One question: can I do that in PA ?
If my car is sitting in his lot, can I just pick it up ?

[mcsap]

Call your attorney before taking the car. I suspect that he will say go ahead and do so ( which means the garage will probably sue you ) but make sure that he doesn't think the police will in any way charge you. I doubt they will as this seems all civil ( and I am from PA).

If you do take the car , immediately contact the police who has jurisdiction and tell them exactly what you did so he doesn't report it stolen. Then , tell the garage the same thing. My guess is that your lawyer will use your other estimates and offer to settle with the garage for the UCR ( usual , customary and reasonable) cost for the job.

[NoZombies]

Thank you Sir !

[Ispbear]

One thing you need to consider with the parts prices are if he was using OME parts or the cheap aftermarket parts that you were listing. You might be trying to compare and apple with an orange.