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socrateaser, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 38444
Experience:  Retired (mostly)
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I was sold a bad car by a Toyota Dealership. When I question

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I was sold a bad car by a Toyota Dealership. When I question what was the problem with the car at another Toyota Dealership because they had just serviced the car and they went and pulled the compete history on the car and told me they should have told me the motor had been messed up before I bought the car, and told me it would cost to much to fix it and recommend that I let it go back because I couldn't afford to pay for 2 cars and I told their advice and they sold me another car. Now 3 years later Im being sued and they are trying to serve me papers in the state GA I moved from GA in July 20067 I live in SC since July of 2007 this car was bought in SC as well. What can I do. [email protected]

If it has been less than three years from the date that you were told by the second dealership that there was a problem with the vehicle, then you could counterclaim against the dealer for fraud, and use your complaint for negotiating leverage purposes, as well as to obtain damages to offset any claim by the dealer. SC Code 15-3-530(7).

For a competent civil litigation attorney referral, see this link.

Hope this helps..
Customer: replied 3 years ago.

The papers for the civil suit is in Columbus GA and I do not live there so they are not able to serve me the papers I was told by the Sherriff department via telephone what was .on the papers.

The plaintiff can serve you in SC, however, they will have to hire a private process server in order to do so. The sheriff won't serve the summons and complaint.

The statute of limitations on fraud in GA is one year ( Ga. Code Ann. § 9-3-33), so you can't use a counterclaim for fraud. You can, however, use it as an "affirmative defense," which means that while you cannot get any money from the plaintiff, you can prevent the plaintiff from winning the lawsuit.

The plaintiff may not want to pay for a private process server -- if not, then you're safe -- for now.

Hope this helps.
Customer: replied 3 years ago.

Will they still be able to go to court and get a judgment against me concerning this matter without me being served the paper work for the civil suit? Should I make contact with the sheriff department again?

Unless you are personally served with the summons and complaint, or a copy of the summons and complaint is left with a person of suitable age and discretion at your home, then you cannot be sued in Georgia.

Hope this helps.

Customer: replied 3 years ago.

Thank you very much

You're welcome and good luck!
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