Legal Question in Consumer Law in New Jersey
service dept. won't reimburse money
i was under warrenty when i got my car serviced a year ago.but,the dealership did not submit the paper work to the ins, company..so i had to pay out of my pocket.when the ins. got straightened out.they kept promising me i would get my money back..a year later i'm still waiting..i'm taking them to smalls claim court..they received the summons to appear..they called me and asked me to cancel the case and then they will give me a check because they have it now.but i have to cancel first..i told them i need the check first then i will cancel..they said they can't do it that way..i told them i would see them in court..am i doing the right thing?
2 Answers from Attorneys
Re: service dept. won't reimburse money
Absolutely.
There is no reason why they "can't do it that way" except if the money is going to disappear when the case does. You have gone this far. Take it to the end. The only way that you should dismiss the case is if you have the money. By that, I mean the money, not a check or a promise. If they won't give you a check, tell them to pay the money into court and when the clerk tells you that their check has cleared, you can agree to dismiss the case in exchange for a judgement for that money. If they show up and promise payment, you can agree to a postponement until they make payment.
Re: service dept. won't reimburse money
do not dismiss your lawsuit until you have their check, and you have deposited it and it has cleared the bank, and you have waited an extra 2 weeks to try to cut down the chance that their check will bounce (still will not completely protect you). or get green cash money in your hand in court right in front of the judge, and dismiss it then. they can send someone to court and give you the money.
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