Legal Question in Credit and Debt Law in South Carolina
Dealer sold my trade without title and wrote bad check on my lien
As part of a trade in, the dealer was to take over my lien. He wrote a bad check ($8100), my bank sent me the title, and he sold my truck. Now the bank is after me and I don't know what to do.
1 Answer from Attorneys
Re: Dealer sold my trade without title and wrote bad check on my lien
What kind of dealer was this? Does he operate a car lot in town or is he one of those who operates out of his front yard? I would contact the bank and explain what happened. If they have you arrested, you would need to retain an attorney. Don't try to handle that part on your own. You probably need to go ahead and get an attorney and sue the dealer if he won't make the check good or satisfy the lien with the bank. If the dealer has a dealer's license, he should have a bond pursuant to Title 56 of the of South Carolina Code of Laws, and if you win, you can attach his bond and they will have to pay. You can find out who the bonding company is through the South Carolina Department of Motor Vehicles (Department of Public Safety). The bond amount is $15,000.00 if I recall correctly, but I would not wait because if the dealer is going down the tubes, he may have a number of claims against his bond by other people who may exhaust the bond before you get a chance to get to it.