Asked in Small Claims for Colorado

Q: We were given a verbal quote of $2500 and one month for repair of our car. It has been 11 months and the bill is now

$4200 which we never authorized. What do we do? He is requiring immediate payment or storage of $35 per day. We have already paid $1000 to machine shop. $350 in parts and $1000 in payments to mechanic. We do not have the balance right now. What do we do?

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1 Lawyer Answer

A: Clearly there is more to this story.

Your options are: (1) litigation in small claims-request replevin or (2) pay the amount.

The lack of a written quote presents an evidentiary problem for both sides because it allows both sides to interpret the facts differently with little to no independent corroboration.

If you do decide to go the litigation route, make sure to gain as much independently corroborated evidence as possible (payments, text messages, etc.) AND work on creating a precise outline of how the events occurred without losing focus on simply stating facts in a favorable manner for your case. A key element of successful litigation is the clear and orderly presentation of evidence.

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