Can I pull my truck from a paint and body shop and sue them for not finishing the work as scheduled by contract

Asked about 4 years ago - Houston, TX

1966 chevy truck that I took to a guy in Houston, TX to perform airbrush work. We have a contract that states everything that will be done and what the completion date is. Which was scheduled in three weeks according to the contract once received. The truck was put in the shop back in March of this year. The guy will not return my calls and has stated in a text message that I am not to come to his shop until he calls me. I know I have the right to go to his shop as long as the vechile is in there, right. At the current time I have paid this guys all but 500.00 dollars of what we agreed upon and nothing is complete. My question is: Can I pull the truck from his shop, sue him to have it complted by someone else.

Attorney answers (1)

  1. Lu Ann Trevino

    Pro

    Contributor Level 19

    Answered . These comments are made for educational purposes only and do not constitute legal advice. No attorney-client relationship exists between us.

    Going to the shop and trying to remove the truck would not be a good idea. You could find yourself charged with trespass. Because some work has been done the shop owner could assert a mechanic & materialman's lien on the truck. If you tried to take it you could be charged with attempted theft. Send a letter by certified mail demanding return of the truck. If that doesn't work, you may have to sue.

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