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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 34291
Experience:  16 yrs. of trial experience
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Terminated 2004 leased jeep grand cherokee in for a 2007 ...

Customer Question

Terminated 2004 leased jeep grand cherokee in for a 2007 jeep liberty with increasing monthly payments to $856.00 was sent the bill of sale in January 08 for the jeep liberty. Company wants vehicle returned, stated bill of sale was sent in error, what are my rights?
Submitted: 8 years ago.
Category: Legal
Expert:  P. Simmons replied 8 years ago.
Thanks for hte question

Can you tell me; from what you can see, was the bill of sale in error and if yes how so?
Customer: replied 8 years ago.
Reply to Philip Simmons's Post: The bill of sale was sent with a letter thanking me for my payment and stating that I had satisfied the amount of the vehicle. I called Chrysler Financial upon receiving the bill of sale and letter. They stated, if I received both then the car was paid for. I then went to MVA and had the title transferred into my name without Chrysler Financial being the lein holder.
Customer: replied 8 years ago.
No, I don't think that the Bill of Sale was sent in error. When I did the calculations of how much I'd paid minus the cost of the car I actually paid double for the car. Chrysler Financial was called by the Division of Motor Vehicles in New Jersey. They were told that the information could not be given without autorization. Chrysler is now taking me to court for said vehicle.
Expert:  P. Simmons replied 8 years ago.
SO, you have a clear title
P. Simmons and 8 other Legal Specialists are ready to help you
Customer: replied 8 years ago.
Yes,s I have a clear title.
Expert:  P. Simmons replied 8 years ago.
Ok

Gimme a few mins to do some research
Expert:  P. Simmons replied 8 years ago.
Can you tell me have you received a summons for court and if so which one?

ALso, what is the current value of the car and am I correct you are no longer making payments?
Customer: replied 8 years ago.
Reply to Philip Simmons's Post: yes, I received a summons to appear for cause at the Municipal Court in Newark, NJ
Expert:  P. Simmons replied 8 years ago.
It sounds to me that, if by your calculation you have paid the value of the car and the company issued you a title you have a good claim to the car.

You mentioned that it was a lease...if it was a leas to purchase option this will help you case, but if not, they have an argument that there was a mistake and that the court needs to correct

The law will allow the court to correct an honest mistake...so for example, if you had a lease for 5 years and were required to return the car after 5 years and after 1 year a clerk at the company made a mistake and sent you the title, the company would likely be able to get the court to force you to return the title.

But, if you had a contract to purchase the car at the end of the lease and now you paid the proper amount and have the title...well your case becomes much stronger

I would read the summons very carefully...it will have the complaint on it and will give you some good insight into the case.

BotXXXXX XXXXXne...if this was an honest mistake by Chrysler, they will likely win. But they have to prove it.


Please let me know if you have questions else please hit the green button, its the only way i get paid
P. Simmons and 8 other Legal Specialists are ready to help you
Customer: replied 8 years ago.
I also wanted to add that Chrysler states that I signed an agreement which allowes them to collect interest on the vehicle.
Expert:  P. Simmons replied 8 years ago.
Sure

But what else does the complaint say...are they claiming error on their part or someone elses'?
Customer: replied 8 years ago.
cHRYSLER IS CLAIMING AN ERROR ON THEIR PART.
Expert:  P. Simmons replied 8 years ago.
Well, the law will allow them to correct an error, so long as you are not harmed by the ruling. If it was an error and the court finds for them you will obviously lose the car. If you want to keep the auto, you may contact the company and see if you can negotiate a settlement pre trial. You have the leverage now (and the car) and you would save them paying for the hearing...I would call and see what you can get out of it.

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