Legal Question in Consumer Law in California
I purchased a car in SC and then moved to CA. I was late on my payment and the dealer called my friend asking where I was and telling her I was behind on my payments. Then the dealer called my mother and told her all about my late payments and telling her personal business. The dealer then left a message on my mother's answering machine for me saying that this was their formal message and that they were taking legal action and the car was repossessed that night. Now the car company will not allow me to pay the payments behind and repossession fees, they want the full amount. Is the car contract voided because the dealer has discussed my personal business with someone else?
1 Answer from Attorneys
No, you can't void the contract on something like that. No such thing. You're still responsible for your debts. What the car dealer did was wrong so you may have a cause of action against them under California Fair Debt Collections Practice Act. You might get money damages out of a lawsuit like that. However, you should talk to an attorney because if the dealer is in South Carolina and doesn't do business here regularly, you might not be able to sue them in California but in SC.
Larry Liem Doan
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