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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 37065
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I have a question. I went to the dealership with my mom to

Customer Question

Hey my name is ***** ***** i have a question. I went to the dealership with my mom to get her a car, everything is in her name. The dealership ask for a $1500 down payment for the car but my mom only had $500 so they took that and i gave them a post dated check for the remaining $1000. I didn't sign any papers sating i would pay them or that we made this arrangement, in fact when she signed the paperwork they stated she paid the down payment in full. Now i completely plan on paying what is owed. I was keeping the thousand dollars in my savings till the day before the check was due but the dealership tried to cash my check early on my checking account and it bounced. So my question is, what are the legal actions that the dealership can now be taken against me or my mother? Because i can't get in contact with anyone and they haven't call me yet and it's been a week.
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Since the check was postdated when you gave it to them, they can't pursue criminal charges against you for check fraud since they knew it was not negotiable when they accepted it.

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But what they can and likely will do is repo the car, sell it at public auction, and then sue mother for any deficiency between what it sells for and what is owed on it.

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So I would suggest going down with the money to them because otherwise mother will likely be out of a car very soon and also owe a big deficiency for a car she doesn't even own any more if they sell it.

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thanks

Barrister