Legal Question in Civil Litigation in California
here's my situation bought a car from a small used car dealership, car was in bad shape but the owner of the dealership guaranteed it to be like brand new if i purchased it and said the vehicle would be ready to pick up in a couple of days... after a week the car was not done as promised and decided to return the vehicle... dealership wrote me a check for the amount i had paid by check when i first made the business deal, that same day i deposited the check and had purchased another vehicle a few days later from another dealership that i had written a check for the amount the first dealership gave me to the second dealership, a few more days go buy turns out the check the first dealship wrote bounced and now im negative 8900 dollars overdrawn in my account and i called the first dealership about the situation and they ended up giving me 5000 cash and 3900 in check, that check also bounced so i ve been travelin over 100 mile going from home that first dealership to get my money and they still havent given me the rest of my money also ive been getting overdraft fees on my bank now what should i do?
2 Answers from Attorneys
California has a special statute that gives enhanced remedies and rights to a person who has been on the wrong end of a bad check. That law is codified at Civil Code section 1719. You can read it here: http://law.onecle.com/california/civil/1719.html
I suggest reading that carefully, as there are certain prerequisites. If you are still confused, you may want to speak to an attorney to help you.
The Department of Motor Vehicles licenses car dealers. Go to their website, there are complaint forms. They could face administrative penaltiesmif they dont make it right.
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