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  #1  
Old 12-03-2002, 04:38 PM
profit
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Exclamation

Car Salesman Lied


What is the name of your state? California
Around 98, I was like 19, I went with my horrible Ex when she looked for a car. The salesman asked if I would co-sign. I said never. Then he told me that they just needed to take note that I was paying rent to her and that I was not cosinging. I was told I was not cosigning by several staff members and assured I wouldn't be held liable. July 2000 I recieve a notice of collections. I respond and write them that I am not liable and tell them what happened. I never hear back. Recently I checked my credit report and the collection is on there dated 11/2000, but reported 8/2002. What can I do? I am scared to respond because I don't want to stir the beast and end up having to pay $7,000. Can I get a lawyer to help at a resonable price? Also, I am now a married man and this whole thing is upsetting my wife. Thanks guys.
  #2  
Old 12-03-2002, 04:51 PM
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Location: Los Angeles, California
Posts: 38,191

Re: Car Salesman Lied


Quote:
Originally posted by profit
What is the name of your state? California
Around 98, I was like 19, I went with my horrible Ex when she looked for a car. The salesman asked if I would co-sign. I said never. Then he told me that they just needed to take note that I was paying rent to her and that I was not cosinging. I was told I was not cosigning by several staff members and assured I wouldn't be held liable. July 2000 I recieve a notice of collections. I respond and write them that I am not liable and tell them what happened. I never hear back. Recently I checked my credit report and the collection is on there dated 11/2000, but reported 8/2002. What can I do? I am scared to respond because I don't want to stir the beast and end up having to pay $7,000. Can I get a lawyer to help at a resonable price? Also, I am now a married man and this whole thing is upsetting my wife. Thanks guys.

My response:

Gee, a car salesperson lying? No, say it ain't so!

Obviously, you were fed a line of crap, and what you signed was the contract.

You're on the hook. But, who are you going to sue? The dealership? Well, even if you did have a cause of action against them, your Statute of Limitations is expired on a written contract, and from your fact situation, you can't even prove fraud (which would allow you to sue them, today, if you could prove it).

Then, you might say, "Well, I'll just sue my ex-wife." That would be good, except for one, minor, little point. If she didn't pay on the car in the first place, what makes you think she'll have money to pay a judgment against her if you should win a lawsuit?

The bottom line is this: For whatever reason, the contract was signed by you and, even at the tender age of 19, you were an adult, and responsible for your actions.

Sorry, but I don't see any "escape" for you in this situation.

IAAL
  #3  
Old 12-03-2002, 05:08 PM
profit
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Thanks. First, she was not my ex-wife. Thanks for the info. I am not looking to sue anyone, I just don't want the debt.
  #4  
Old 12-03-2002, 05:18 PM
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Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
[quote]Originally posted by profit


Thanks. First, she was not my ex-wife. Thanks for the info. I am not looking to sue anyone, I just don't want the debt.


===============================

My response:

Sorry about the familial mistake. I understand that you "don't want the debt", but not wanting the debt doesn't change your liability under the contract. Like I said, you're on the hook.

IAAL
  #5  
Old 12-04-2002, 06:39 PM
profit
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Is there any statue of limitations? If so, when does the clock start? Thanks.
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