Legal Question in Consumer Law in California

Dealership cashed a personal check it was to return to me

About a month ago my fiance and I purchased a vehicle from a dealership. Initially we gave them a down payment and still owed $3000.00. They agreed to hold the check for three weeks before cashing the check. We returned the next day and paid off the amount owed (3K) with a credit card. The salesman stated the safe was locked therefore they could not give us the check that day. The individual in the finance department stated she would return the check to us via mail. I contacted the finance department numerous times requesting a call back to find out what happened to the check. Well, they cashed the check restulting in multiple bounced checks and fees. The dealership gave us a check for the initial amount plus the amount to cover the fees. The dealership has made no apologies and really have been rude about the whole situation. My questions are 1) will this hurt my fiance's credit score for having so many (12) bounced checks? 2) if it does hurt his credit score is the dealership responsible (legally) to resolve it with the credit companies 3) can we seek other damanges from them?


Asked on 7/22/05, 3:44 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Dealership cashed a personal check it was to return to me

> They agreed to hold the check for three weeks before cashing the check. We returned the next

day and paid off the amount owed (3K) with a credit card. The salesman stated the safe was locked therefore they could not give us the check that day.

>>>>>>>>>>>>>>>

They agreed in -writing-? I imagine not. You really believed a car salesman's BS story about the safe being locked? I would have stopped payment on the check and exited the dealership. And anyone has the right to deposit a postdated check anytime.

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Answered on 7/22/05, 3:55 pm


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