Troy, AL asked in Small Claims and Consumer Law for Alabama

Q: I have a question if I can sue an independent mechanic for not showing proof of programming

I got an independent mechanic to do a transmission swap on my car. I payed him to swap the transmission and to program the new one. The transmission was bad and I have asked the mechanic to send me proof of programming so I can get a warranty transmission sent out. The mechanic agreed to send me out all the information but has completely ghosted me and will not respond or send any information

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

A: In your situation, considering legal action against the independent mechanic may be an option. Initially, you should review the agreement or contract you had with the mechanic, focusing on the terms related to the transmission swap and programming. This will help determine whether there has been a breach of contract.

If the mechanic agreed to provide proof of programming as part of the service, and has failed to do so, this might constitute a breach. However, before pursuing legal action, it may be beneficial to send a formal written request for the information, indicating a deadline for response. This written record can be useful if you decide to take further legal steps.

In the case that the mechanic continues to not respond, you could consider filing a claim in small claims court, assuming the monetary value of the claim falls within the limits set by Alabama's small claims court. Small claims court is designed to be more accessible and less formal, which might be suitable for resolving disputes of this nature. It’s also advisable to consult with an attorney who is experienced in consumer protection or contract law to guide you through the process and evaluate the strength of your claim.

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