Can I Get My Money Back if the Repair Shop Didn't Do Any Work on My Car?

Question: My 2016 BMW 535i was leaking oil and smoking, so I took it to a repair shop.  A few days after I dropped it off, the mechanic called me and said my car was ready.  I paid $1,750 for the work, and the car seemed fine.  But after a few days, my check engine light came on and the problems continued. I took it to the BMW dealership.  They told me that the epair shop hadn’t done any of the work they charged me for.  I need my car, so I had to borrow money to pay the BMW shop $5400.  Can I get my money back from the first shop? 

When you take your car to a repair shop, you expect that its issues will get fixed. If a car repair shop charges you for work it didn't do, then you are entitled to a refund.

In Georgia, sellers are not permitted to charge you for work that it did not perform.  If your car is primarily used for personal, family, or household purposes, then you are protected be Georgia’s Fair Business Practices Act.  The FBPA bans unfair and deceptive practices in consumer transactions, covering goods, services, or property mainly for personal use.  On the other hand, if your car or truck is used for business purposes, or is owned by a business, you may have a claim against the repair shop for breach of contract.  Either way, you are entitled to a refund if a repair shop charges you for work it didn’t do.

Before you request a refund, you should gather proof that the repair shop didn’t do the work.  Get a detailed invoice from the second repair facility and have the mechanic take pictures and videos of anything he or she believes shows that the work was not actually done.  You may need this evidence in the future.

So, how do you get your refund?

1. Credit card chargeback.  If you paid by credit card, check to see if you can request an investigation through the card issuer and have the amount charged back.  Some credit card companies may not issue chargebacks for services, but it is worth contacting your card issuer to confirm.  If the chargeback is processed, you will receive a temporary credit for the amount.  If your dispute is successful, your temporary credit will become permanent.  Move quickly, though, because your window to request a chargeback is short.
2. Write a letter to the repair shop.  In this day and time, people prefer to send emails or make telephone calls, but a letter sent by certified or overnight mail is still the best way.  Why?  It makes your point and often meets any demand letter requirements that the law may impose on you before you can file a lawsuit.  So, send a demand letter to the repair facility and its corporate office, if it’s a chain.  Outline the problem, tell them you have a mechanic as a witness, and demand the money back that you paid for repairs that weren’t performed.
3. File a lawsuit.  In Georgia, if the amount of your claim is $15,000 or less, you can sue in Magistrate Court.  Magistrate courts are often referred to as the "people's court" because they are designed to be accessible and affordable to individuals who cannot afford to hire an attorney.  Every county in Georgia has a Magistrate Court.  Contact the court in the county where the repair shop is located to get information on filing a Statement of Claim and having the repair shop served.  The evidence that you gathered from the mechanic will come in handy in court.