Settling Disputes

If your bill exceeds the final estimate that you have authorized by more than $10 or 10 percent, whichever is greater, and the shop refuses to give you your car unless you pay, you can do the following:

1. File a bond with the Clerk of the Circuit Court in your county for the amount of the final repair bill plus storage charges, if any.  You do not have to file a lawsuit. The Clerk should give you a form to file the bond if a form is required.
   
    

2. The Clerk will issue a certificate directing the shop to release your vehicle.  A law enforcement officer will help deliver the certificate to the shop, if necessary.
   
    

3. The repair shop has 60 days to bring action (sue) to recover the bond as payment for the repair.  If the shop does not sue within 60 days, the Clerk of the Court shall return the bond money to you upon your request.  Release of the bond money does not prohibit the shop from filing suit later.
   
    

4. If the shop does not release your vehicle after it gets the certificate,  you  may:
   
   - Bring legal action against the shop. (Consult your attorney.) The prevailing party may receive attorney's fees and court costs, if the court sees fit.
   
   - Ask the State Attorney in your area to bring criminal charges.  It is a misdemeanor for a shop to refuse to give back your vehicle when it gets a certificate.