The repair shop is suing me alleging fraud for the work they did that I have not paid for. I discovered in the state of Ohio you have to be licensed or can not have the benefit of a lien for labor or materials. Can I file a motion to dismiss?
Sure sounds like it, but you can expect that the judge is likely not to be familiar with the law you are talking about so attach copies of it (and anything else relevant) to your motion. If your vehicle was a personal vehicle and the repair was for personal use, then the act of doing the work without a license and getting paid for it is probably also a violation of their license law and Ohio's Consumer Sales Practices Act. If they didn't have a license then they probably didn't follow Ohio's Motor Vehicle Repair Rule law either. Those violations will give you the right to sue them back (called a counterclaim) if you want too. Maybe you should think about telling the shop owner or their attorney that if they don't drop the case and leave you alone then you will not only get their case dismissed but sue them back too for other consumer protection law violations. Maybe you can get it all over with quicker that way. If you have an attorney, talk to them about this. If not, keep in mind that Ohio's consumer protection laws give you the right to have the Judge make them pay your legal costs too. You can go to this web site page for a Free Online 50 State National List of Consumer Law Lawyers (http://www.ohiolemonlaw.com/ocll-site/ocll-locate_local.shtml) and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Law lawyers, NACA.net). You can also look for one here on Avvo under the Find a Lawyer tab. Or you can call your local attorney's Bar Association and ask for a referral to a Consumer Law attorney near you. But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to a Consumer Law attorney and finding out what your rights are. If this answer was helpful, please give a “Vote Up” review below. And be sure to vote for the Best Answer too. It helps all of us understand we are doing a good job answering your questions. Thanks for asking and Good Luck. Ron Burdge, www.OhioConsumerLaw.com
Read Ohio’s Motor Vehicle Repair Law - Click Here
Did a business treat you unfairly? See what your Udap rights are to protect yourself, click here
Free Online 50 State National List of Consumer Law Lawyers, Click Here
What does your state’s Udap law say? Click Here to see what is unfair and deceptive in your state
Read this free online Avvo Legal Guide, What is Fraud?
This answer is for general purposes only and does not establish an attorney-client relationship. The law in your state may differ and your best answer will always come from a local attorney that you meet with privately. If you need a Consumer Law attorney, click the link above to find a Consumer Law attorney near you.
In FL, there is a similar law regarding unlicensed body shops and incomplete repair estimates, etc. that can defeat the repairman's claims.
Mr. Burdge is an expert in this area of law in OH. I suggest that you consult with him on this matter.
I am an attorney who is only licensed in the State of Florida. My answer is general legal advice based upon what I perceive your question to be, and should not be relied upon because every person's facts and circumstances are unique, and because specific laws vary from state to state. To completely evaluate a legal issue requires reviewing and evaluating all relevant facts, applicable laws and other information. My answer does not create an attorney-client relationship, and offered for informational purposes only.