Legal Question in Credit and Debt Law in Pennsylvania
We bought a mini van in February of last year. The dealer never processed the paperwork. After a year going around and around with the DMV we were finally sent a letter stating that we would have to go court and get a court order for the title. We did that and got the court order. We retained a lawyer so that we could go to court, it has cost us $4,000. Can we sue the dealer to get this money back? How long do we have to file in small claims court, how long is the judgment good for and can we still collect if he has already filed for bankruptcy?
1 Answer from Attorneys
No. You cannot sue the dealer for attorney fees unless a statute or contract authorizes fees. For example, if you brought a claim under the PA Consumer Protection Act and won, then you can ask for counsel fees. If you already got the order and had to pay a lawyer and now you are suing the dealer, then you cannot.
If the dealer is in bankruptcy you absolutely cannot sue the dealer. You can file a claim with the estate, but it will depend on what kind of bankruptcy the dealer has filed, the amount of debt and whether the dealer has assets. If he is in bankruptcy, it means he has other creditors and you are not a priority. You will be treated like all the other creditors; most people recover very little. And if the claim is just one for attorney fees it may be denied.
Is the dealer a corporation, LLC or sole proprietorship? The answer would depend on whether you can attach ony the corporation's/LLC's assets or the dealer's personal assets.
Judgments on real property last 5 years and have to be revived or renewed. Judgments on personal property last 20 years.
Be happy that you got your title and move on. It isn't right and it isn't fair but sometimes there just is no remedy. .
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