Legal Question in Credit and Debt Law in California

Car dealer deposited check early, now suing me

I purchased a car a few months ago. At the time of the deal I had only brought $1500 with me which is the amount I wanted to spend. I wrote a post dated check 1 month out for the remaining $1500 due for down. The check was deposited the next week and did not clear. now I am being sued for $2500 in small claims court. What can happen if the judgement is found in the car dealers favor and I am forced to pay!! Can they garnish my wages or take the car back!! I do not owe them $2500, I agreed to pay the $1500 but they said see you in court!


Asked on 3/14/06, 11:17 am

1 Answer from Attorneys

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

Re: Car dealer deposited check early, now suing me

Anybody can deposit a postdated check anytime. I am suprised the car dealer waited a week. Usually car dealers deposit postdated checks within microseconds. I don't know why they are suing for $1000 more than the face amount of the check, if I were you I would hide your car until it's time to go to court!

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Answered on 3/14/06, 11:26 am


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