Under these circumstances, I see the most obvious causes of action to be breach of contract
and fraud in the inducement of a contract
. The specific claims mentioned would fall under these two broader categories.
As for venue - check the jurisdictional limit for your local small claims
court. Some countries have limits of 10-12,000. If yours is high enough process there. Otherwise turn to your local state county court of general jurisdiction.
Regarding the fact that you already got a recovery. That changes what I said previously (I’m reading and responding to your questions in order). You need to see what documentation you signed when you recovered you 10,000. I would imagine a release may have been signed. If so - your claim against the dealership would be contractually extinguished.
Beyond that, your claim for compensatory damages would be zero as you’ve already been compensated. In rare circumstances you can make a claim for punitive damages only. So it is possible, however, unlikely that you’d get a recovery even if you could proceed. Why - because compensatory damages are needed to “anchor and give weight” to punitive damage claims.
I assume by pulling the complaint and getting your money back - you mean your filing fees? The answer is no - the court won’t refund those to you.
As far as a demand letter - you could try that route assume there is no release in place. The dealership might agree to a nominal settlement to just make your potential litigation go away.
I doubt that they would pay much, however, seeing as how you already got a refund and the knowledge that any claim you could not assert would not have the weight of the compensatory damages to underpin it.
If they settled following a demand, there would be no court action. That is correct.
As for proceeding forward. I’ll be very very honest - as you’ve already been reimbursed for the vehicle - the amount of money you might be able to secure will be nominal at best here and in exchange you’re going to spend a lot of time money energy and effort to litigate. As egregious as what was done to you was - a civil action
is not in your best interest charting forward here.