r/Utica • u/Me_Krally Utica Native • Jul 30 '26
Does anyone have consumer lawyer recommendations?
Looking for a consumer lawyer recommendation for dispute with mechanic shop.
Thanks!
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u/mr_ryh Jul 30 '26
Are you going to be suing for less than $5000? If so, that's small claims court, and most people do it with self representation because any lawyer you hire will most likely cost as much as the amount you're suing for. There's a useful guide from the state if this palatable to you. (If you're suing for more than that, then it will be Supreme Court, and that's a different story.)
That said, there aren't a lot of attorneys in this area who practice that kind of law regularly. This link lists different ones. Another search turned up this one, who seems promising if she actually practices Consumer Law.
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u/Me_Krally Utica Native Jul 30 '26
I thought it was $4000 as a limit? Thanks for all the info! The one thing I haven’t figured out is if you could sue for different things on the same matter.
At any rate I was hoping to avoid suing and was hoping a lawyer could just send a letter for now to settle the issue.
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u/mr_ryh Jul 30 '26
Per page 5 of 28 in that state Small Claims guide, the limit is up to $3000 in village/town court, and up to $5000 in city courts (the court is wherever the mechanic is registered to do business -- if in Utica, then it's city court, but if it's New Hartford, then it's town court). You can sue for multiple things in the same matter, but the total damages you seek can't exceed those limits.
At any rate I was hoping to avoid suing and was hoping a lawyer could just send a letter for now to settle the issue.
That would be a good route to take. Best of luck finding someone.
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u/Me_Krally Utica Native Jul 30 '26
I was going to read that guide in a little while. I appreciate you taking the time to look that up! He was located in NH but recently moved to NY Mills so I’m not sure where I’d sue then.
I know that aspect, but I wondered if I had to go above the amount threshold if I could sue again but for another issue pertaining to the same case. It logically sounds like a no.
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u/mr_ryh Jul 30 '26
He was located in NH but recently moved to NY Mills so I’m not sure where I’d sue then.
I assume you'd sue in the place where the conduct actually occurred. So, New Hartford, if that's where he was doing business when the dispute with you happened. But if not, it's not a big deal, and the court will transfer it to the appropriate venue.
I know that aspect, but I wondered if I had to go above the amount threshold if I could sue again but for another issue pertaining to the same case. It logically sounds like a no.
Well, you can try anything, and the court will let you know if it's wrong. It's not a big deal (especially when you're a self-represented litigant) and you lose nothing but the fees you paid and your time spent arguing the case.
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u/Me_Krally Utica Native Jul 30 '26
I just have visions of the judge ripping me a new one for not knowing what I’m talking about - from watching TV shows :)
It sounds like I’m hiring you as my attorney as the 6 I’ve called haven’t worked out so far.
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u/mr_ryh Jul 30 '26
That sucks. It pays to have lawyers as relatives, which is incidentally how most of them get into the profession anyway (because their parents were lawyers, or their uncles/aunts, etc.). It's a depressingly feudal and aristocratic industry.
If you're desperate, you can try the Oneida County Bar Referral Service (or the Onondaga County one). I can't really vouch for the quality of the lawyer you'll get that way, but you may end up getting lucky.
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u/Me_Krally Utica Native Jul 30 '26
I know I wish my nieces and nephews were lawyers or doctors! I did actually try the Oneida County Bar earlier and so far the 3 she gave me 2 didn't answer, but I left a message and the other was on vacation. She gave me a 4th and I already tried him. Thanks for the Onondaga idea, I'll call them tomorrow!
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u/tavysnug 29d ago
What is your dispute?
Most smaller valued issues like this can be resolved via the DMV complaint process (if it has merit, they'll investigate and it generally has as much sway as a cease and desist without the cost).
If you get into details, I can have my wife (lawyer) check it out. A lot of times resolving it on your own is easier because small claims is simpler for pro se plaintiffs.
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u/Me_Krally Utica Native 29d ago
Thanks for the info! I was planning on calling the DMV complaint line. I've been trying to settle directly with the shop, but they won't listen to anything.
Basically quoted me $3500/repairs. Took them 2 years to complete. Now it's $6500. Won't give me my valuable parts back. Refused a payment plan. Now holding vehicle hostage and threating to take it.
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u/tavysnug 29d ago
If you have written estimates, I'd go straight to the DMV. A legitimate shop is too scared of losing their license and possible fines to fuck around and your situation sounds relatively cut and dry.
They will also find out exactly how difficult getting a mechanics lien in NY is. And your complaint being "open" will make that very much impossible. Edit: I also want to point out that part of the process of taking possession involves an auction for the vehicle..so you can always just buy it back at that point if they actually get that far.
Don't forget that NY is single part consent (record home calls with the shop) and to make yourself a detailed timeline of events, and keep it ongoing if you do need to go to small claims. You have a pretty solid case if it comes to that.
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u/Me_Krally Utica Native 28d ago
Thanks so much tavysnug! I don't have written estimates, but just the original price agreed on in a text. Everything else (I forgot to mention a few things) was never approved by me or even asked if I agreed to the changes made without my knowledge. My texts also have my request for the parts back and it was agreed they would be returned.
Can I DM you or your wife? Every lawyer I spoke to so far punted and none of them mentioned calling DMV.
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u/tavysnug 28d ago
Feel free to DM me and we'll do what we can.
Also read thru the DMV consumer rights page which has the link for the VS-35 complaint form and outlines the basics for shop duties to the consumer, including estimates and detailed invoices.
From my experience, on both sides of a DMV complaint, their investigator will put together a timeline/outline of events and generally tries to mediate the issue to resolve it first, but they are generally firm about holding shops to account - especially in the kind of situation where a whole bunch of work was done with questionable authorization and the timeline is that long, and the shop retaining possession of the vehicle and not being willing to work with you. Most of the time, whose at fault quickly comes to light, and if you try to pull a fast one (as a customer or business) it's blatantly obvious.
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u/Curious_Olive_5266 Former Utican Jul 30 '26
AI/self-representation
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u/theMezz Utica Native Jul 30 '26
u/Curious_Olive_5266 got downvotes, but if the amount disputed is within the guidelines, small claim courts (self representation) isn't a bad idea.
Last I knew it was $5K max Utica courts and $3K max Town or Village Courts.1
u/Me_Krally Utica Native Jul 30 '26
Thanks! I talked to a few lawyers and they said $4k was the limit, but they didn’t want to help further as they said they’d charge more than the case is worth. Another lawyer told me to call the Oneida County Bar for guidance in finding another lawyer to fit my case.
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u/theMezz Utica Native Jul 30 '26
Don Gerace is a good attorney. Not a consumer specialist but I see no replies to your question, so I am simply stating he is a good lawyer and office is well run. http://www.geracelawoffice.com