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socrateaser
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 32904
Experience:  Retired (mostly)
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I bought a vehicle from a used car lot, about 1 year later,

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I bought a vehicle from a used car lot, about 1 year later, it had motor issues which were fixed by them but i paid for parts and another motor, that is how they work, I had to send it back because it wasn't fixed right twice, after a couple months in their shop i drove it for about 6 months. I took it back agreed on repairs and they couldn't fix it. Another $1000 added to repair fees. I had to come up with $400 to have them tow it to my house. I didn't have the money, in June they stated they had sent a letter to my OLD address(I had called and updated my Address and phone) that I had 20 days to pick up the vehicle obviously I never got such letter nor a call, they would call if I was late one day on payment mind you so they could've gotten a hold of me. I did get a call in Aug. by one of their sales people trying to get me on another vehicle but no word of any letter sent or current situation on status. Truck was paid in full, but repairs were on a payment plan, no agreement signed or no paper work given to me. I didn't receive my truck title because i still owed repairs. I will admit i didn't send a payment till end of Sept., which probably got there the beginning of Oct. June 15th was my last payment. Letter sent June 13th(according to them) and because I didn't respond to letter sold Sept 15. Is there anything I can do to get compensated for what they did, I always paid on time and actually paid truck in full early. It just seems they did me wrong. Is there a case?
Submitted: 1 year ago.
Category: Business Law
Expert:  socrateaser replied 1 year ago.
The repair shop is only required to send notice to the address on file with the DOT. This seems to be where the problems began, because you didn't receive notice. Regardless, the repair shop isn't liable for your address not being updated at the time that notice was sent.

Based on this, the only recovery to which you would be entitled to is any of the proceeds of sale of the vehicle that exceeds the repair shop's costs. You may want to request a breakdown of the sales proceeds from the repair shop, and if they stall you even for a second, then you can sue them in small claims court for the amount that you reasonably believe you should have received. Then it would be up to the repair shop to show that its costs were more than the sales proceeds, so it doesn't owe you any money.

Hope this helps.

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Customer: replied 1 year ago.

The address was updated in the DOT..does that change anything. And the repair shop is part of the actual sales lot.

Expert:  socrateaser replied 1 year ago.
It could change quite a bit, because the notice must be sent by certified mail return receipt requested. So, if it was sent to the correct address, then you should have received it, and or the USPS would have sent it back to the dealer/repair shop as undeliverable.

Failure to follow the provisions of the lien sales law is a misdemeanor. So, if the dealer did not correctly address the notice, then you could call the police or sheriff and report the incident. Maybe the dealer will be discovered to have committed a crime, and the district attorney will get you your money back.

Hope this helps.

NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation.

If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!

socrateaser, Attorney
Category: Business Law
Satisfied Customers: 32904
Experience: Retired (mostly)
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