Asked in Small Claims for Florida

Q: I live in FL, could I sue a mechanic for refusing to refund a $400 deposit due to him no-showing to our appointment?

This is a mobile mechanic, there was no written agreement but more so a verbal agreement that he'd show up to work on my vehicle on Sunday at 9am, he barely answered any calls or texts throughout the day, I advised him that if the work didn't get completed on Sunday, my car would be towed, as Monday at 7am my apartment complex was resurfacing pavement. He answered at 4:30 pm that he was at the pool with his son and would come to do the job Monday at 10am, at that point I requested a refund of my deposit as I had to make different accommodations to avoid my car being towed. He did not answer until Monday to say he'd be there later or on Tuesday, to which I advised the car was no longer there and I just needed my deposit back. He refused stating that he bought tools for the job, and offered to split the work with my other mechanic, he states "I forfeited" my deposit by not waiting 2 days for him to complete the job, but our agreement was for Sunday. Could I sue him in small claims?

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1 Lawyer Answer
Phillip William Gunthert
Phillip William Gunthert
  • Orlando, FL
  • Licensed in Florida

A: If so motivated you can take him to small claims court and file a lawsuit there in the county where this took place, if you are motivated you can handle it all yourself, just know the time and cost involved (filing fees, service of process and your time and effort), whether the $400 is worth the journey you can decide, and the outcome is not guaranteed. If you check online or with clerk of the court in the county where this took place, you can find out what you need to do and what paperwork is involved, this is your best bet.

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