How should I file this lawsuit? How much should I ask for in the lawsuit? Do I need an attorney?

My truck has been in a transmission shop for over 2 years and the owner will not fix it. I have givin him approx $2000 and do not have enough to move it to another repair shop. I'm sure the truck has other problems now after sitting for over 2 years. I have tried and tried to get the work done, but always get excuses from the owner. I've been pretty much stuck because of lack of funds and just want to get this resolved.
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Answers (2)

Alan James Brinkmeier

Alan James Brinkmeier

Contributor Level 10
Take this to small claims court. Keep your invoices and records as proof for the judge. If you owe something for repairs done, you may have to pay it off to recapture your truck.

Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
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Wesley D Mortensen

Wesley D Mortensen

Contributor Level 1
Depending on the county you live in, many of the forms for small claims court may be online. Check your local county small claims court website for available forms, or call them for more information. Oftentimes a draft of the court pleadings with a short letter demanding payment will do the trick.

While you probably cannot recover for payments to him for repairs he has made, you may be able to recover for your loss of use of the vehicle during that time period.

Consult with a local attorney in your area for more information.

Good luck!
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