Asked in Small Claims for Nebraska

Q: What is their legal recourse? Can they get any money from him for exposure to elements or cost of fixing it has gone up

My parents have a classic car that mechanic was supposed to work on in his free time with parts my dad supplied. That was 8 years ago!!!!!! Now the car is in this jokers home drive way in the elements!!! My parents are afraid what they owe him. I say, "NOTHING!!!!

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1 Lawyer Answer
Julie Fowler
Julie Fowler
  • Omaha, NE
  • Licensed in Nebraska

A: If the parties had an agreement to perform work for compensation, then they have a contract. If one party (or both parties) believes the other party failed in performing their side of the contract, then they can file a court action for breach of contract. Depending on the specific circumstances, you may have other legal recourses as well. If the dollar amount is relatively low, you may be able to bring your case in Small Claims Court, which does not allow attorneys. Information about filing a Small Claims Court action appears on the Nebraska Supreme Court's website.

For higher dollar amount claims, you will likely need to file in county court or district court, depending on the amount of damages in question.

It is possible that the Court will award one party damages. It is also possible that the Court will find that both parties failed to hold up their end of the contract in some way and reduce the amount of damages owed by one party to the other, among other possible scenarios.

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