Vestal, NY asked in Consumer Law for New York

Q: This guy started but didnt complete a autobody job on my vehicle. I have multiple texts confirming. Will i win in court?

I engaged the services of an individual to rectify a flawed Bondo repair on my vehicle's quarter panel. Regrettably, this individual initiated the work but failed to complete it, subsequently evading any attempts at communication. I possess a collection of text messages corroborating his commitment to return and finalize the project, specifically regarding the polishing of the panel. Disconcertingly, a conspicuous white blemish now mars the panel's appearance as a result of his unfulfilled promise. In light of these circumstances, I am actively considering pursuing legal recourse to address this matter.

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1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: In court, the strength of your case will depend on the evidence you present to demonstrate that the individual agreed to perform a service and failed to complete it.

Text messages confirming the agreement and the unfinished work may serve as significant evidence. Small claims court is designed for resolving such disputes, and you can present your case there without the need for an attorney. The decision would rest on the clarity of the agreement, the proof of the individual's failure to complete the job, and the attempt to rectify the situation before taking legal action.

It's recommended to document all communication and attempts to resolve the issue before proceeding to court.

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