HOUSTON – Two years ago, Maria Avila-Abshire dropped off her 2000 Honda Accord at Nervarez Auto Repair and Collision in Houston. She was told the job would take two weeks.
That was the last time she saw her car.
“I didn’t see my car, and it was a big surprise for me,” she said. “I said, what happened?”
According to Avila-Abshire, the shop kept delaying the repair until one day, she was told the vehicle had been sold to a wrecker company.
Determined to fight back, Avila-Abshire filed a police report, then took the repair shop owner to small claims court. A Harris County judge sided with her in November and ordered the shop to pay her $2,700 in damages.
But to this day, she hasn’t received a dime.
“I won,” she said. “But it doesn’t help because he never shows up.”
When KPRC 2’s Rilwan Balogun visited the address listed for Nervarez Auto Repair and Collision, the shop was closed. It no longer appeared to be operating as a business.
Attorney Colby Holler with the Buzbee Law Firm, who does not represent Avila-Abshire, explains that unfortunately, her situation is not uncommon.
“They say winning a judgment is the first half of the battle,” Holler said. “Collecting is the second half.”
Holler says that after winning in court, the next step is filing for a writ of execution, a legal document that allows law enforcement to seize assets from the person or business who owes the judgment.
“The sheriff would then go to the body shop and be able to seize their assets: cash in the register, tools, cars, whatever they have, and sell those to pay off the judgment,” Holler explained.
But that option may no longer be available in Avila-Abshire’s case.
“If there’s nothing there any longer, you may have bad play at hand,” Holler said.
Still, all hope isn’t lost. The court could allow what’s known as post-judgment discovery, a process that forces the business owner to disclose any remaining assets.
“The judge could hold them in contempt until they made this woman whole,” Holler said.
Avila-Abshire says she’s exhausted from the ordeal and frustrated that even after following the legal steps, she feels no closer to justice.
“I’m an independent person. But it’s very hard for me now.”
