Legal Question in Consumer Law in California

I purchased a car about a year and a half ago from a private dealer, and we worked out a plan where I would not have to pay every month for my car because I was a student. However, I did make payments every two months. In August, I calculated that I owed only $512 dollars but when I went to pay off my car, he said I owed a lot more but he could not produce the books of payment. I have been calling him at least once a month since August (and at times once a week) for him to give me the balance on the car, but he keeps giving me the runaround. Is there a way I can take him to court to demand he gives me the balance?


Asked on 11/04/10, 7:35 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

You could sue in Small Claims Court for the amount you have paid, but the court can only award money damages. It can not order any acts to be done. You can sue in Superior Court to get the vehicle, but that costs $355 fro a filng fee and might take 6+ months.

I would write him a letter stating how you calculate what is still owing, that since you offered that amount and he could not really refute it that he is illegally holding the car, if he does not give you within 10 calendar days his precise calculations of what is owed you have no choice but to sue for breach of contract, conversion, etc, and seek return of the entire sum you paid plus interest.

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Answered on 11/10/10, 7:52 pm


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