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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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I traded in a car October 7th (2016) that was financed. the

Customer Question

I traded in a car October 7th (2016) that was financed. the dealership contacted that financing company & agreed to pay the loan off in full (i was not upside down). I'm about to pay my second month on the new car loan & my old car loan is 30+ days pass due. I'm getting collection calls & I've been attempting to contact the dealership from Oct 15th to date. I've attempted email, calling, leaving messages with the operator, & asking to speak with a manager no one has contacted me back. I'm at a loss being I don't live near the dealership. What recourse if any do I have to get this resolved. Before this I was never late.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: FL
JA: Has anything been filed or reported?
Customer: Nothing.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Nothing I can think of.
Submitted: 9 days ago.
Category: Legal
Expert:  Lucy, Esq. replied 9 days ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

If you haven't already, you may want to get documentation from the car loan company to see if any payment was made in case there was an error in the amount or something. There's a different plan of attack if they underpaid or if the check was processed for the wrong amount than if they simply didn't do it.

Then, you have a few options. One is to make the past due payment to protect your credit, then sue the dealership for any fees, extra interest, or other costs associated with their mistake. Another option is to drive to the dealership and stay there until someone will talk to you about what happened and how to fix it. Or you could have a local attorney send them a demand letter, insisting that they pay the amount due immediately and take steps to repair your credit in order to avoid a lawsuit. You could also go ahead and file a breach of contract lawsuit, but be aware that if you do that, the collection company will keep calling until they get paid. Also, you have to sue in the county where the dealership is located, so it could help to try to work things out first.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 6 days ago.

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