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Richard, Attorney
Category: Legal
Satisfied Customers: 55011
Experience:  Attorney with 29 years of experience.
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I traded in my old vehicle in 8/13/16 for a new one the

Customer Question

I traded in my old vehicle in 8/13/16 for a new one the dealer gave me a written contract that they are paying off my old vehicle and the dealership FAILED to pay the vehicle off and on 9/1/16 it got repossessed off THERE lot and it's affecting my credit and I am having anxiety.
Submitted: 8 months ago.
Category: Legal
Expert:  Richard replied 8 months ago.

Good evening. My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 8 months ago.

You absolutely have recourse against the dealer! They are in breach of contract. What you want to do is raise the stakes on them. Send them a certified, return receipt requested letter detailing the history and their default, and demand they pay the bank in full and take any and all actions with all the credit agencies necessary to notify them and to cause them to rescind any negative credit actions against you. Inform them that if they do not comply with your demands within a short specified period of time, you will have no choice but to file a suit for your damages. BUT, be sure to specifically mention that if forced to file the suit, you will be filing this claim not only as a breach of contract case, but also as defamation, fraud and deceptive trade practice causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, they will comply with your demands without a hearing rather than risk punitive damages and the judgments being on the record.

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Customer: replied 8 months ago.
How do I go by fileing a suit?. I kept telling them to pay it off because my old finance was calling me for me to make a payment and they kept telling me not to worry everything is taking care of. THEY did not even know it got repossessed. I had to call THEM to tell them it got repossessed. And my old vehicle is going up for auction on 9/12/16.
Expert:  Richard replied 8 months ago.

First, write the letter as it's likely to get this resolved for you without the suit and the need to engage a lawyer. If it does not, then you'd want to engage a lawyer to file the suit. Given the facts, you will be able to recover your legal fees. Under my terms of service with JustAnswer, I'm not allowed to make a specific recommendation, but I can give you direction. You would want to either contact the state bar association or your nearest law school for a referral. I prefer the latter because they take great pride in their graduates and will take a more personal interest in making sure your referral is a good one because it will be a reflection of the school. But, this is not a complicated case so you would only need a 1-2 year lawyer rather than a more experienced lawyer with the higher billing rate that comes with that experience.

Customer: replied 8 months ago.
Well I want some sort of compensation. This is still going to affect my credit and I'm looking to me into a new place and no place will allow me to move in if I have a repossession on my credit report.
Expert:  Richard replied 8 months ago.

In your demand letter, include a demand for the amount of cash you want them to pay you to avoid the suit. That's certainly acceptable.

Customer: replied 8 months ago.
What type of attorney will be nesessary for this case?
Expert:  Richard replied 8 months ago.

A consumer protection lawyer. :)

Expert:  Richard replied 8 months ago.

Your demand letter will include the demand that they remove any negative credit report and the repossession so that there will be no record of this.

Customer: replied 8 months ago.
Thank you.
Expert:  Richard replied 8 months ago.

You're very welcome! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: . Or, simply request “Richard only” in the first line of your question.

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