Legal Question in Consumer Law in California

Auto Shipping Disaster

I paid a California company to deliver a car to my home. I was given a 2-3 day transport time, then given six definite delivery dates; the car never showed. After 41 days, a driver called me from 250 miles from my home, told me that his truck had broken down, and I needed to come pick the car up.

After I picked the car up and recovered from the drive, I notified the company (by email) that I was going to dispute the charge to my credit card on the grounds that the service I received was not what was represented to me. They called me within five minutes (laughable considering how difficult it was to get someone to talk to me when they still had my car!!!) and threatened to ''prosecute me for credit card fraud'' Can they take me to court? They have an opportunity to reply to my credit card company and give their side of the story before the fee is charged back.

Any advice would be appreciated.


Asked on 7/24/02, 9:55 pm

2 Answers from Attorneys
Alvin Tenner Law Office of Alvin G. Tenner

Re: Auto Shipping Disaster

First, read your contract to see if delays are allowed for certain reasons or events. Then make sure that the credit card company does not pay the charge. If they don's, then the delivery company will have to sue you. You have an excellent defense. If the credit card company does allow the charge, then you will have to sue them. Probably in small claims court. You may be entitled to rental costs.

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Answered on 7/25/02, 10:44 am
Robert Kreitlein Robert Kreitlein, Attorney at Law

Re: Auto Shipping Disaster

Laughable. But you probably don't think so right now. As for your question, technically, yes, they can take you to court. Anyone can take anyone else to court for just about anything. The real issue is, can they take you to court on a viable charge? I would say no. They are merely trying to scare you. Actual fraud is far from the actual facts that you have presented so I would not worry too much. With that said, how much of the fee are you disputing? Did you sign any kind of written agreement with the company? This whole thing may depend on what the agreement says, if there is one. A good bet, generally, is to simply negotiate with the other side on a charge that you can both agree is fair. You may need to involve an attorney at some point to let them know you are serious about protecting your rights.

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Answered on 7/24/02, 11:08 pm


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