How to Send a Demand Letter
to a Mechanic in Texas
When a Texas mechanic damages your car, performs unauthorized work, or charges you for repairs that weren’t done, a formal demand letter is your single most powerful first step. This isn’t just an angry complaint letter; it’s a specific legal tool that formally starts the dispute process and is required by state law.
Your power as a consumer comes from the Texas Deceptive Trade Practices Act (DTPA). This law is designed to protect you, but to use it to its full potential, you must first send a special 60-day notice. This guide will provide an in-depth, step-by-step process for writing a DTPA demand letter that gets the mechanic’s attention and builds the foundation for your lawsuit.
Understanding Your Rights: The Deceptive Trade Practices Act (DTPA)
The DTPA (found in the Texas Business and Commerce Code, Chapter 17) is your “secret weapon.” Texas does not have a specific law that licenses or regulates auto repair shops, which makes the DTPA your primary and strongest protection against “false, misleading, or deceptive acts.”
The DTPA “laundry list” of violations is extensive, but in auto repair, it specifically makes it illegal for a shop to:
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Knowingly make false statements about the need for parts or repairs.
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State that work was performed or parts were replaced when it was not true.
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Represent that a used, reconditioned, or “aftermarket” part is new or OEM.
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Fail to honor a written or implied warranty.
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Charge a price that is grossly higher than the written estimate.
If you can prove the shop knowingly deceived you, a judge can order them to pay up to three times (3x) your “economic damages” plus your court costs. Your demand letter is the key that unlocks this powerful remedy.
This Guide Covers:
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Why the 60-day DTPA notice is a mandatory first step.
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A 4-step guide to writing and sending your letter for maximum legal effect.
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The “must-have” evidence to gather before you write.
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How to find the mechanic’s legal business name (a critical step).
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What to do if the mechanic ignores your letter.
Common Auto Repair Disputes in Texas
We see thousands of these disputes. The most common issues you can and should address in a demand letter include:
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Faulty Repair: You paid $2,000 for a new transmission, and it failed a week later.
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Unauthorized Work: You approved a $300 brake job and received a $1,500 bill that included a new radiator you never authorized.
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Parts Fraud: The invoice shows a “New OEM Alternator,” but a second mechanic confirms it’s a used or aftermarket part.
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Misdiagnosis: The shop charged you $800 to replace a part that didn’t solve the problem, which was a simple $50 sensor.
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Warranty Refusal: The shop refuses to honor its own 12-month written warranty on a repair.
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Mechanic’s Lien: The shop is holding your car hostage over a bill for unauthorized charges.
The Law: The Mandatory 60-Day "Notice of Claim"
This is the most important section of this page. To be eligible to sue for the powerful “treble (3x) damages” under the DTPA, Texas law requires you to send a formal written notice at least 60 days before you file a lawsuit.
Your demand letter is this legal “Notice of Claim.”
It must be sent by certified mail and must state, in “reasonable detail,” two things:
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The specific nature of your complaint (e.g., “You charged me for unauthorized repairs…”).
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The amount of your damages (e.g., “I am demanding a refund of $1,500…”).
This 60-day period gives the mechanic a final, formal chance to “make whole” by offering a settlement. If they ignore you or refuse, you have now satisfied your legal requirement and can proceed to Justice Court, where you can show the judge your certified mail receipt as “Exhibit A.”
Step-by-Step: How to Write and Send Your Texas Demand Letter
A successful letter is a professional, factual, and provable. Do not write an angry, rambling email. Follow these steps.
Step 1: Gather Your Evidence (The "Proof Packet")
Before you write one word, collect your proof. You must be able to back up every claim you make.
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The “Fix-It” Bill (Your Best Evidence): The single best piece of evidence is an invoice from a second, competentmechanic that details and fixes the first shop’s errors. This is your proof of damages.
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Invoices & Estimates: The original written estimate and the final, itemized invoice from the bad mechanic.
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Proof of Payment: Your credit card statement or a canceled check.
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Communications: Printouts of every text message and email.
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Photos/Videos: Clear photos of the faulty part, the damage it caused, or the original problem area.
Step 2: Find the Shop's Legal Business Name
If you send a letter to “Dave’s Auto,” but the business is legally “Houston Automotive, LLC,” your notice may be invalid. You must find their official, legal name.
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Action: Go to the Texas Comptroller’s Taxable Entity Search website.
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What to do: Search for the shop’s “brand name” (e.g., “Dave’s Auto”). The database will show you the exact legal name (e.g., “DAVE’S AUTO, LLC”) and, most importantly, the name and address of its Registered Agent—the person legally required to receive formal notices like yours.
Step 3: Draft Your Demand Letter
- The Date and Certified Mail Number.
- The Defendant’s Info: Send it to the legal name and Registered Agent you just found.
- A Clear Heading: RE: 60-DAY DTPA NOTICE OF CLAIM – [Your Vehicle & Invoice #
- The Facts (No Emotion): “On [Date], I brought my 2021 Ford F-150 to your shop for a “check engine light.” Your invoice [Number] shows you charged me $1,200 to replace the catalytic converter.”
- The Violation: “The repair was faulty. The light returned 24 hours later. A second mechanic at [Shop Name] confirmed the issue was a $100 O2 sensor, not the converter. Your shop performed an unnecessary, unauthorized, and faulty repair in violation of the Texas DTPA.”
- The Demand: “I demand a full refund of $1,200 within 30 days.”
- The Consequence: “This letter serves as my formal 60-day notice as required by the Texas Deceptive Trade Practices Act. If this matter is not resolved, I will file a petition in Justice Court seeking my full damages, court costs, and up to three times my economic damages allowed by law.”
Step 4: Send via Certified Mail Return Receipt Requested
Do not email, fax, or hand-deliver your letter. You must send it via USPS Certified Mail Return Receipt Requested.
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Why: This costs about $8 but is non-negotiable. The post office will give you a tracking number (your proof of sending) and mail you back a green card (the “Return Receipt”) that is signed by the mechanic’s agent.
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This green card is your legal proof for the judge that the shop received your 60-day notice.
How Sue.com Helps You Get Your Money Back
- Texas Attorney General (Consumer Protection): https://www.texasattorneygeneral.gov/consumer-protection/automotive-scams
The official state resource for auto-related complaints and consumer rights. - Texas Law Help: https://texaslawhelp.org/article/car-repair
A non-profit guide on your rights in car repair disputes. - Texas Business & Commerce Code, Ch. 17 (DTPA): https://statutes.capitol.texas.gov/Docs/BC/htm/BC.17.htm
The full text of the Deceptive Trade Practices Act. - Texas Comptroller (Entity Search): https://mycpa.cpa.state.tx.us/coa/
The official tool to find a business’s legal name and Registered Agent.
Step 1
Answer a Few Simple Questions
Tell us what happened — who owes you, how much, and why. Our system guides you step-by-step with no legal jargon.
Step 2
We Draft Your Texas Demand Letter
Your answers are reviewed and used to create an attorney-drafted demand letter tailored to your case.
Step 3
We Mail It for You
We print and mail the Texas demand letter directly to the recipient via USPS — creating proof you attempted to resolve the matter before court.
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Got questions about how Sue.com works, what’s included in each package, or what happens after your letter is sent? We’ve got you covered — quick, clear answers to help you move forward with confidence.
What if the mechanic has a "mechanic's lien" and won't return my car?
In Texas, a mechanic can legally keep your car (a “possessory lien”) for authorized repairs. They cannot hold it for unauthorized charges. The best advice is often to pay the bill “under protest” (write this on the check or invoice) to get your car back, and then immediately send this demand letter to sue for a refund.
Does Texas license auto repair shops?
No. Texas used to have a law that licensed repair shops (the Automotive Repair Act), but it was repealed. This means the DTPA is your single most important law for holding mechanics accountable.
What if I just call or email them?
A phone call is not legal proof. To qualify for treble damages under the DTPA, you must send the 60-day notice in writing, and you must be able to prove they received it. Only Certified Mail provides this proof.
Do I need a lawyer to send this letter?
No. The DTPA notice is specifically designed for consumers to use without an attorney. The sue.com tool helps you generate this letter yourself for a fraction of a lawyer’s fee.
What if they ignore my letter?
This is very common, but it’s good for your case. It shows the judge the mechanic acted in bad faith. After your 60-day window expires, your next step is to file your petition in Texas Justice Court, which our $99 Small Claims Package can help you with.