Legal Question in Civil Litigation in California
Auto Loan Fraud
Last year I purchased a vehicle from a used car dealer in Pacoima, I also purchased an extended warranty for $1,000, six months after purchase I went to get the front bearing repaired (which was under the warranty) and found that the dealership never turned the money nor the paperwork into the warranty company, (the vehicle is financed) I called the finance co. An they stated the yes there was an extended warranty on the Loan application.
I mailed a letter (certified return receipt) to the car company demanding either payment or send in the paperwork to the warranty co. They never responded to me, nor did they turn in the paperwork.
I then place a complaint with the District Attorney of Los Angeles. They sent my complaint to the car company, but they also, have not received a response. The D.A. told me to take this to small claims court in San Bernardino, where I purchased the vehicle, and sue them for the damages to the vehicle and the warranty money plus interest.
Do I have a case, and can I sue in San Bernardino County?
2 Answers from Attorneys
Re: Auto Loan Fraud
This obviously is a scam. You must bring suit in the Los Angeles Superior Court small claims division. (Isn't Pacoima in LA county?) Check the web site, plug in the zip code of the dealership, and it will tell you what court you have to file suit in. You can choose the amount to sue for -- either the cost of the new bearings or the full warranty. You also might look into purchasing a warranty for the car at a reputable place or directly with the warranty company. Good luck!
Re: Auto Loan Fraud
In the first impression, you seem to have a good case for breach of contract and fraud among other causes of action.
I do not recommend to sue them in small claims since the damages including punitive, can be potentially big. Call me if you'd like a free consultation. (323)782-0099.
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