4:00 what if they do that? you're even more out of pocket

Hi, what is the point in going through small claims if the defendant can just ignore the judgment? If it goes to high court they can then put all the assets in their name (remove assets from company name) and then they can avoid Third-party debt orders and charging orders. Is this not the case? Then you'll be more out of pocket.

What if it was for 15000 ?

Thank you! Finally, an attorney who is honest, makes sense, and isn't trying to screw you over by frivolously taking your money by charging exorbitant fees to do what you can do yourself!!!

I got screwed over by a dealership. Bought the truck from them 6 days ago with 189k miles, and already ran into problems, found the original owner and said there was around 280k miles when he sold it. What should I do??

@chrysalisendeavors

3 жыл бұрын

hey i’m in a similar situation how did you go about it?

Thank you very much. You helped make a decision. I bought a lemon car under 10k from small dealership. I talked to an attorney yesterday and I was about to let her handle my case, but for some reason I was not sure , but after watch your video I made my mind , I'm going to file myself at the small claims court instead of use an attorney.

@powerofknowledge7771

4 жыл бұрын

Can you share with us how it went?

How about I was told when I bought my vehicle there was nothing wrong with it by several employees that work there when I told them it's leaking oil they said there was nothing wrong with it they took it in their Bay brought it back out 20 seconds later I think they put sawdust in the oil looks like it sure stop the leak drove the vehicle home now it's back at the shop because it wouldn't start something wrong with the fuse box in the oil pressure is going all the way up to 80 psi when you drive but they said there's nothing wrong with it they have been working on it for 2 days now my wife almost lost her job which means we would have lost everything we bought the car 2 weeks ago and only been able to drive it from the dealership home to the store one time and it broke down this is the second time they've had to tow it back to the dealership because it wasn't working

What happens if there is an Arbitration Clause?

@vivillager

5 жыл бұрын

You must read and understand the Arbitration Agreement. Usually you can still file in small claims court, but after having been served, the dealer will file for a motion of dismissal as the court no longer has jurisdiction. The Arbitration Agreements that I use require that the buyer of the vehicle (the customer) and the dealer (in my case that would be me) pay half of the arbitration costs up front. I've never seen arbitration for less than $4k, so you would have to spend $2k minimum just to file a suit in which you may or may not win. Sometimes arbitration can exceed $10k (so you and the dealer would pay $5k each). Often in arbitration, even if you do win, you have to pay for your own attorney, but there are sometimes when the arbitrator will order the dealer to pay for your attorney. The dealer almost always has the right to choose the forum of Arbitration ( and thus the rules, by doing this the dealer can effectively control the rules of the arbitration, such as discovery of evidence. The dealer could have evidence that incriminates him, but the arbitrator can be powerless to order him to surrender it to the plaintiff, which is you.) Usually the plaintiff can ask for the arbitrator to recuse himself and be replaced with another arbitrator employed by the same forum, it does work sometimes. Also decisions made from Arbitration are binding. There are no appeals. As you can see there is a reason why dealers prefer arbitration as opposed to small claim courts or district courts. That's why I will not sell a vehicle to a customer who will not agree to arbitration.

what form should I file in a case like this said he put a new engine the car and he never did same engine the car came with

@vivillager

5 жыл бұрын

If it were me, I would visit the court house and ask one of the clerks as to how to proceed. They cannot give you legal advice, but they can guide you through the process. In your comment you say that the dealer "said" he put in a new engine. Was this verbal? If the statement was purely verbal, be prepared for an uphill battle. If it is written, the odds are in your favor. If you signed a purchase agreement, it will likely contain a clause indicating that any verbal statements are non-binding and thus unenforceable unless they were reduced to writing. Even if you have no case, there is something else. Was the vehicle advertised that is was equipped with a new engine? If you can find a copy of the advertisement, print it out and save it. Obtain a sworn statement from an ASE certified technician that the engine has NOT been replaced. File a complaint with the FTC for Unfair and Deceptive Trade Practices and submit your evidence. The dealer can be fined $40,000 for each violation.

Do I Stand a chance?? I bought a car an the motor went I only drove it for about a month or so and I paid 9000 and the dealer looked at it and has possession and won't let me get anything out the car ??? Iam thinking of taking him to small claims court, I found out it was in two accidents with damage over 10,000 !!!

@NiNjaTurtLe697

7 жыл бұрын

Did the dealer explicitly tell you that the vehicle had no accidents?

@americablessgod1273

6 жыл бұрын

How do you find out if it's had accidents???

@TimFrischIsHere

6 жыл бұрын

America Bless God carfax history report

@vivillager

5 жыл бұрын

As R0tten said, alot depends on if the dealer states "No Accidents". Even then, if said verbally, it would mean little because all the purchase agreements that I've seen, including the ones that I use all state that any statesments not reduced to writting are non-binding and must be reduced to writting. Unless the dealer wrote down "Car has had zero accidents", it probably won't mean much. Now there is the misrepresentation laws that many states have that could apply, even if not in writting. If you can prove that you was looking for a car that has never been in an accident and the dealer says nothing to inform you that the car has been in an accident, then misrepresentation could apply, and the standard is much lower for misrepresentation than it is for fraud.

What if it's from a private seller, then what's the protection for a used car? And how do you find out if it's had accidents???

@organizedchaos7111

6 жыл бұрын

America Bless God zero. Do a car fax, 10.00 bring a mechanic they are AS IS

@vivillager

5 жыл бұрын

Most laws, such as the UCC (Uniform Commercial Code) applys only to merchants who sell products with respect to the product being sold. For example, if Verizon decides to sell one of their trucks that they use to install and/or repair cell phone towers, most of the laws that apply to car dealers would not apply to the vehicle purchased from Verizon because Verizon is in the business of selling phones, not trucks. If you bought a phone from Verizon and the phone malfunctions, you would have access to legal remedies. If you buy from a private individual, who is NOT a merchant selling used vehicles, most of your legal remedies will be non-exsistant. There are some laws that will apply regardless of who the seller is. Some laws that come to mind are Odometer Disclosures (if the odometer has been tampered with or has failed or otherwise malfunctioned, it must be disclosed) as well as the warranty of title (the title must be clear, if there is an issue with the title, for example branded or has a lien on the title, you must be made aware, in writting prior to the purchase). There are a few laws that apply to private sales. But if you buy a car, hop in, drive 20 ft and the wheels fall off because ALL the lug nuts were missing, there are no legal remedies available to you because the seller never guaranteed that the vehicle would provide safe and reliable transportation (implied warranty of merchantability and implied warranty of fitness for a particular purpose). Basically, when you buy a used car, the car is purchased with the assumption that it will be used as nothing more than as a 4,000 lb lawn ornament.

How I can contact you? Help Asap..

@kevincito946

5 жыл бұрын

Did you ever fix your lemon car? I just got a used car a week ago. And I had an engine light pop up next day. And then I had it inspected, it turns out they sold me a car unsafe to drive . I’m looking to get a refund.

@lisacranmer8005

Жыл бұрын

@@kevincito946 what happen with the car?