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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 32939
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I bought a truck in ny and signed the purchase agreement on

Customer Question

I bought a truck in ny and signed the purchase agreement on 7-16. I have a receipt for the 20,000 check I brought from my credit union. in about 2 weeks the title was at my aaa in erie pa. I signed it and gave them my lien info as credit union asked me to do. now a month and a half later the dealship calls me 30 times and says they never got the 8,000 down payment and after they (dealership ) called my credit union the credit union told them that I gave the deposit to them (that's what the dealship says) .
now the dealership is calling me over and over the last two days. they say if I do not pay them the 8,000 they will start the collection process and invole their attorney which you will have to pay for in accordance to your purchase agreement. I do not have a receipt for the 8,000. So I could not prove that I gave it to them If I even did.
Can they just tell collections I owe them money, they are not on the title?
Can they make me pay their attorney fees?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Further, if you get a message asking if you want to do additional services like a telephone call that message is automatically generated by the website and is not sent from me. I, like most of the experts in the Legal categories, do not do telephone calls due to issues with State Bar rules and other concerns.

Can they just tell collections I owe them money, they are not on the title? Yes, they can turn you over to a collection agency based solely on their assertions alone.

Can they make me pay their attorney fees? Only if they sue you and win.

What you should consider doing at this point is hiring your own local lawyer to step in and interact with them. An audit of their books should show you paid them and there might be videos available as well. The attorney will shift the focus and burden to them and they should be able to prevent them from involving a collection agency.

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