Legal Question in Civil Litigation in California

I live in Los Angeles county, Ca, and I purchased a vehicle from a small dealership in October 2008. The contract was misplaced, so in September 2009 I asked numerous times for the dealership to provide me with a payoff amount because I believed I was getting close to paying the car off. They never provided the amount to me, so I eventually took them the "final" check with a letter stating that I either needed the payoff amount or the pink slip to the car. I contacted them numbers times after that and they always had a reason why they couldn't give me the pink slip or tell me how much more I owed. After no contact with the dealer for a year, they had my car repossessed for non payment. No phone call, no notices, no statements, were ever provided to me. It has been three weeks, and I still have not received the payoff amount that I have been requesting for a year.

Is this legal? Can a dealer ignore my numerous request for a payoff amount, then come and repossess the car after a year of no contact with them? If I have a case, what legal ground do I have for filing a lawsuit agains them? Please help! I am getting nowhere with these people!


Asked on 10/04/10, 2:28 pm

1 Answer from Attorneys
Steven Simons Law Office of Steven A. Simons

I assume from your post that it was a "buy here pay here" car lot. If so, start with your local DMV and file a complaint. Many delaers have cars that they routinely sell and then repossess so they can resell at an ongoing profit. Under California's Auto Finance law you can be held liable for any balance allegedly due if they do not send you a notice of inten tto dispose of vehicle. It sounds like you are not worried about the deficiancy. Therefore, you may want to consider small claims as an option. Once you have a judgment you can submit on teh dealers "bond" to recover.

Good luck

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Answered on 10/09/10, 7:37 pm


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