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Being Sued By DC


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Apologies for the very long post, but I need help and want to explain the sticky situation I have found myself in.

My husband and I purchased an extended warranty for an automobile I purchased 2 years ago. At the time, we knew we couldn't afford it but of course the salesman talked us into purchasing it and would give us a few weeks to come up with the money. We left a postdated check that went through a few weeks later and came up NSF. I know we should of put a stop payment or contacted them to tell them not to deposit but irresponsibly didn't. We then contacted the dealership and told them we no longer wanted the warranty as we still couldn't afford it. They stated it was okay and they would not redeposit the check. A month or two later, we receive harrassing phone calls and letters demanding payment of the face amount of the check (about $1950.00). I attempted to tell the DC (lawyer as she stated) that we advised the dealership we no longer wanted the extended warranty and she said it didn't matter. She said I owed the debt as I wrote the check and threatened that non payment would land me in court and would report it to the credit bureas. We then call the dealership again to now inquire why they have sent the DC after us and they said they knew nothing about collection on the check and not to worry about it. Of course I did nothing else because at the time, I honestly thought that was the end of it. I asked the DC to give me the name of the person at the dealership that she was dealing with, but she refused. I told her we had already spoke to them, but she didn't care what my situation was. I told her I didn't not want her to contact me again as I was only willing to discuss this with the car dealership as she showed me nothing but disrespect.

A year and a half later, I find myself being summoned to court by the DC agency for the $1950 plus treble damages. The dealership in which we purchased our vehicle from has since been bought out. I have contacted the new dealership to see what I can do. I was told that the old dealership just needed to write a new contract minus the extended warranty and that would of been the end of that. I am unsure at this time if they didn't do this for us because they were literally closing shop that month and just didn't want to take the time to do so. There was definitely miscommunication on our part.

Since we never owned a new car, we were unaware we needed a new contract.

Now I need to write my written response to this summons and need to know if I can be sued for a return check for the service I have yet to receive as this was for an extended warranty that would take effect next year. Is this a legitimate law suit? Since services were not rendered to me, am I liable to pay for them? The new dealership is trying to get info. to see if they can call off the DC to retract the debt as they also feel like I don't owe. They need to pull my records out of storage as I purchased from the old dealership. I have also contacted the extended warranty company and was told the policy was cancelled by the old dealership. They are sending me documentation stating this info. Any advice on what I should state in my written response? Any advice at all regarding what else I can do? Thank you in advance!

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  • 2 weeks later...

I need help responding to the summons I received almost 30 days ago. I didn't respond sooner because I was working with the GM dealership to mediate this lawsuit as I verbally asked to cancel extended warranty. The extended warranty was canceled but apparently they inadvertently did not take the collection back from collection agency. The dealership has since canceled the collection and has asked them to cancel this lawsuit. I spoke to the collection agency who stated they will cancel and remove from my credit report. Although, I have verbal agreements and letters stating this, they have not filed dismissal with the court. The court legal advisor I spoke to on Friday advised that a written response should still be filed to avoid judgment for plaintiff. Also, advised to attach the letters I have from law office and dealership. Can someone please help on how to answer each complaint. Should I answer - Defendant lacks sufficient knowledge to admit or deny the allegations for each complaint I've listed below (a-c). I cannot afford an attorney and this is why I need help fast. Also, any other answers/defenses I can utilize would be appreciated. Thank you in advance. Can also ask the court for a dismissal based on the fact that they have told me they were cancelling the case? Listed all pertinent info. below.

_______________________________________________________________

1. Who is suing you? Local GM Car Dealership

2. For how much? 3,456 ($1956 plus $1500 face amount of check plus treble damages)

3. Who is the original creditor? GM Dealership

4. How do you know you are being sued? Summons

5. How were you served? Were you served? I was deliver the summons at my home.

6. What was your correspondence (if any) with the people suing you before you think you were being sued? I received a notice from the collection agency trying to collect the debt 1.5 years .

7. Where do you live? CA

8. When is the last time you paid on this account? wrote a post dated check which came up NSF

9. What is the status of your case (if anything has been opened)? Court date for 9/25/07

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Have not disputed the debt

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. Did not do a debt validation.

12. Does your summons require a response? Yes, it requires a response. There was not questionnaire.

13. What evidence did they send with the summons? There was no evidence, no affidavit or statement, just the summons, a complaint for common counts, a civil case cover sheet a certificate of counsel and a notice of trial department assignment and case management conference.

14. What is the SOL on the debt? Unsure, as this lawsuit is regarding a bounced check

______________________________________________________________

COMPLAINTS -

a. Defendant tendered checks to plaintiff for payment of good or services, which checks were dishonored by defendant's bank for lack of funds or account. Defendant failed to pay the same amount to plaintiff within 30 days following a written demand therefore, mailed to the maker by certified mail. Plaintiff has fully compiled with the provisions of civil code section 1719 (A) and is consequently entitled to statutory damages of no less than $100.00 per check, in addition to the face amount of checks.

b. Plaintiff agreed to sell or provide defendant with certain goods and or services in exchange or defendant's promise to pay for said goods and/or services with the checks delivered by defendant to plaintiff at the time of sale.

c. Plaintiff suffered damages legally caused by the defendant's breach of agreement -

business or out of pocket loss of $1956 Statutory damages -$1500

______________________________________________________________

Letter from Law Office states -

The matter has been recalled by our client. This office is no longer collecting on the matter. The lawsuit against you is being canceled and the matter will be removed from the credit profile.

Letter from GM Dealership -

This is to verify that I, (reps name) acting as agent for GM have been in contact with Legal Recovery and their Law Offices. As of this date, (reps name) at Legal Recovery has verbally informed me that the pending lawsuit will be dropped and all derogatory statements will be removed from her credit report which Will take approximately 30 days.

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