Legal Question in Credit and Debt Law in Wisconsin
Auto Sale
I bought a new vehicle 6months ago. I traded in and the bottom figure on the contract was for me to pay or finance $7100 upon delivery. That night upon delivery of the truck I gave them a personal check which they held until the next day when I got cash out of my fire box @ my home. They got the cash and I got my check back from the previous night and the contact and delivery dates were also the night prior. I was told that day that the contract is my receipt for payment. Now six months later they are saying that they never were paid and if I don't produce a receipt or give them the money that they will sue me for fraud. I have talked to my bank as they financed all but the $7100 as have been informed that they have a clear title what ever that means. They say don't worry about it but..... Any ideas? V/R
1 Answer from Attorneys
Re: Auto Sale
Your case deals with an area commonly referred to
as the "statute of frauds." In essence, evidence
will relate to the fact as to whether payment was
ever made. It would seem unreal that anyone would
give someone a vehicle without full payment. On the
other hand, the only evidence is a check that you
apparently paid and were given back. If you still
have that, it would be of some value, since why would
they have returned it without alternate payment.
Good luck.
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