Legal Question in Credit and Debt Law in California

I wrote three checks to a cr dealler for future downpayment and the checks bounced, I am trying to pay the checks now and they have sent the checks to a collection agency. Can the dealer withhold my registration or repossess the vehicle eventhough I have tried on several occasions to pay them.


Asked on 1/06/11, 3:37 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

I would have to say, without reviewing the purchase agreement, that absolute the dealer has the right not to transfer title or even repossess the vehicle if your payment to him bounced. There are any number of things that could have happened as a result of your bouncing those checks - if the dealer was placing financing for you, he may now no longer be able to do so, and as such, you have no financing; your contract probably states that if your payment is not made (the equivalent of a bounced check) that the contract is cancelled. Effectively, by bouncing the check you failed to abide by a critical component of the contract between you and the dealer to sell you the car. If you breach your obligation, the dealer is probably entitled to treat the contract as void, and to refuse to honor its terms. If you want to push this further, you really need to hire an attorney to review the contract and determine what your rights may be.

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Answered on 1/11/11, 4:39 pm


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