Help in Filing A Small Claims to Get out of the Debt Owed

Date: Thu, 05/27/2010 - 11:35

Submitted by Aloha Kitty
on Thu, 05/27/2010 - 11:35

Posts: 10 Credits: [Donate]

Total Replies: 3

I am filing a small claims agaisnt the owner who sold me a lemon back in 2006 as the car need way more repairs than the lisred "as is" which didn't state that anything was even wrong with the truck besides it being older. I went into default with the finance company in 2007; was making small payments in which we both agreed on and I did fail to make a few payments, but they still accepted and cashed my checks when I did send payment. Now the dilemma is in 11/09 they sent over to collection agency for payment. I know I was over charged by the owner who is now no longer in business for selling salvaged titles and not stating so, was stripped of his license for selling cars from DMV and was sued 01/09 for this same reason. How should I file my claim? Do I include the owner, finance company and the collection agency and I was over charged for the truck sold to me for $7099.68 and was only worth about $2500.00. Please assist anyone.

Think you are wasting your time and energy. If the business is

Think you are wasting your time and energy. If the business is gone, there is no one to sue and no one to recover any money from. Plus in most states there is a 4 year lemon law. Plus you bought a vehicle AS IS.

The finance company nor the collection agency is not liable for you buying a lemon. The finance company gave you a loan for the vehicle of your choice....they do not warranty the vehicle.

This isnt worth the paperwork to even attempt filing on...sorry.

lrhall41

Submitted by SOAPLADY on Thu, 05/27/2010 - 11:46

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If there is a 4 year lemon law then shouldn't I still be able to

If there is a 4 year lemon law then shouldn't I still be able to file agaisnt him since I purchased in Nov. 2006 and besides that he was taken to court early last year and in August 2009.

lrhall41

Submitted by Aloha Kitty on Thu, 05/27/2010 - 11:58

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[SIZE=3]I tend to agree with Soaplady. Since the car was purcha

[SIZE=3]I tend to agree with Soaplady. Since the car was purchased ???As Is??? and the car dealer is also out of business, you will have a very difficult time collecting from the dealer. In this case I think the only claim you might have is against the dealer. I do not think you can link the dealer to the creditor unless you can prove that the creditor had a partnership with the dealer or was privy to special information from the dealer. If you obtained a typical car loan from a separate bank that makes loans on many vehicles from many different lots and dealers then I doubt that any partnership exists between the two. I think this applies even if you can prove fraud in the case of the dealer selling you a salvage vehicle that was not labeled as such. I would recommend checking with your state Attorney Generals office if this is the case. In my opinion, selling a car ???As Is??? and over priced does not constitute fraud although I could see a case being made on a grossly inflated price. [/SIZE]

lrhall41

Submitted by DOLLARSandSINCE on Thu, 05/27/2010 - 13:44

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