Legal Question in Consumer Law in Virginia

Lost deposit at auto sales company

My husband and I purchased a used vehicle in Feb of 2003.In March 0f 2004 we were served with papers by the Secretary of the Commonwealth issued from an attorney stating we did not give the dealer the $2000 down payment-which of course we did.We drove the vehicle home,titled the car and recently refinance with a cheaper interest rate.However now we must go to court to satisfy the summons and must each miss work to do so.I am angry that we are accused after over one year that they claim we did not pay the $2000 deposit (we already had our auto financing prior to purchase). What can be expected when we show up in court? We can't find our receipt but how can they prove that we didn't pay? Whoever heard of a car salesman letting someone drive off the lot with title in hand and say''pay us whenever you get around to it!? Thank you for your time


Asked on 4/09/04, 2:19 am

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Lost deposit at auto sales company

The answer, of course, is that you must have dropped the receipt on the dealership floor, otherwise how would they know you did not retain it? Good luck telling your story to the judge, and do try to be more careful next time.

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Answered on 4/09/04, 9:50 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Lost deposit at auto sales company

Hopefully, you didn't make the $2000 down payment in cash and that, therefore, you should be able to secure a copy of your cancelled check to the dealer or a copy of the credit card transaction if that was the mode of payment.

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Answered on 4/09/04, 11:14 am
Jonathon Moseley Jonathon A. Moseley

Re: Lost deposit at auto sales company

On the initial court date, almost always, this is only a scheduling date. You do need to look at the middle right area of the Warrant in Debt to see which box is checked, but almost always this is simply a date on which the court asks whether or not you dispute the claim. If you dispute it, the court will set another date when the trial will be held. On the one hand, it gives you more time to get your evidence together. On the other hand, yes, it is inconsiderate of your time away from work. After you carefully check the Warrant in Debt to be sure there will be no trial on that day (and you are entitled to call the Clerk of the Court and ASK them; they are loathe to give legal advice but they WILL tell you what exactly is scheduled on that day), I would suggest the following: BOTH of you write a statement and BOTh sign it and say "We dispute this charge and ask the Court to set the case for trial. We also demand a Bill of Particulars." You can then suggest dates that are good or bad for you for scheduling the trial, which will be 1 to 3 months in the future. THEN mail 1 copy to the Court and 1 copy to the lawyer for the other side. Then only one of you needs to show up on the first court date, not both of you. Having your dispute in writing, the Court should set a trial date without both of you having to take time out from work.

Then, on the trial date, the car company will have to PROVE that you owe the money. They have the burden of proof. Their only evidence is that they don't have any record of receiving the money. But bookkeepers make mistakes. Companies make mistakes. So their only evidence would be "We never make mistakes, so our records must be correct" which is of course a weak argument.

But you need to find any evidence you can of paying. Did you pay by check? Go to your bank and get a copy. If you withdraw money from your bank account and paid in cash, you can prove that you took $2000 out of your bank account. Did someone give you the money? Maybe they can come and testify that they paid you approximately that amount of money about the same time.

Your testimony that you paid does count for a lot. You simply need to find if there is any additional evidence to add to that.

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Answered on 4/09/04, 11:29 am


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