Legal Question in Consumer Law in Washington

lawsuit?

I gave a car dealer a $7,000 check (on top of a check for my down payment) to hold while a problem with the release of my trade in title was cleared up. The title issue was cleared up in 2 days and they said they would mail me back the $7,000 check. 2 weeks later they cashed it. My overdraft protection kicked in as a couple of checks bounced. The principle of this really makes me mad. The dealer has been a bit smug with me, but they have cut me a check for the $7,000. Do I have any right to consider pursing a law suite again?


Asked on 5/22/07, 12:21 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: lawsuit?

If the $7,000 has ben returned to you, then no. You have been made nearly whole.

You could take them to small claims for the bank overdraft charges and the accrued interest on the 7K from the date you gave them the check until you get the new check back at 12%, if that would make you feel better.

Your bad was giving them a check to "hold"; their bad was failing to promptly return your money the day your title cleared.

But don't ever sue for principles, they cannot be litigated. It would be much more fun to complain bitterly to the Attorney General's Consumer Protection Office, because if enough people do the AG can go after them.

Hope this helps. Elizabeth Powell

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Answered on 5/22/07, 12:28 pm


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