What to do if I asked a shopowner for a free estimatebut he repaired my saxophone and is now keeping it because I can’t pay?

UPDATED: Jan 11, 2012

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What to do if I asked a shopowner for a free estimatebut he repaired my saxophone and is now keeping it because I can’t pay?

I took my son’s old saxophone to a local shop and asked for an estimate to repair it. I told the shopowner I wanted an estimate only because I did not have the money to spend right now to get it fixed. I don’t play nor does my son play. After I didn’t hear from the shopowner in 2 days I went back to get my sax and the shopowner told me he fixed because he couldn’t give me an estimate without fixing it. He wants to charge me $110 which I don’t have which is why I told him not to repair it but just give me an estimate. He kept my sax and I’m afraid he’s trying to take it away.

Asked on January 11, 2012 under Business Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you left your son's saxaphone at a repair facility solely for an estimate, hopefully you received a receipt for the estimated cost of the repair. If you did not, you should have been given some document from the owner of the repair shop concerning what was to be done on the instrument. If so, read the document carefully in that it might assist you in the return of the instrument.

If you received nothing from the shop owner, I would write him seeking the instrument's return by a certain date. Keep a copy of the letter for future use and need. If he refuses to return the saxaphone unless you give him the $110.00, your recourse is to pay the money and then take the shop owner to small claims court for the return of the $110.00, or bring a small claims court action for the return of the saxaphone.

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