being sued for non payment of bank loan

[kyleandnichole]

What is the name of your state (only U.S. law)? i live in california

im still just a kid in most peoples eyes and am totaly lost and worried about this.
heres the short version :

i bought a car from a dealer in sf. a 2002 pontiac grand prix. the loan was from the bank of stockton. after gwetting the car home i noticed problems they seemed small at first. dealer calls me up about a week of having the car and asks me to smog the car for tem cause they "lost the pappers" im a nice guyt and didnt see much of a problem so i do. little bit more time goes by the little problem gets worse and i take it in to a wel respected dealer ship in my town. they estamate 6500 dollars in just a new engine 5600 for used. the engine had went bad in just 2000 miles of having it. i try to cal them and reason with them telling them i want somthing done about this and tryd to tell them it waas wrong of them to not smog the car(think its probabaly illegal) still nothing from them so i cal the bank tell them i will not pay for a car that is totaly busted before i have even got to make a second payment on it and told them to come get the car. now the bank is trying to sue me for the money there out on the car. i have to defend my self. should i try to get them to get there money from the dealer which i dont know if that would work cause the dealer isnt realy involved in this now. or what i realy dont wanna do ask for small payment to pay it back? to me the contract i ahve for the car lok like it was breached at the time of sell cause i paid for SMOG that they didnt do and lied about. so i think they breached first. if it maters the owner dosent have a signature on the contract just his name typed in by a computer. what should i do and can i bring the dealers into this somehow? any info would be great.
thanks a lot----
here is the story i have posted else where its realy long but id appriciate the help. the long story will be in the next thread titled" long story"

[debtcollector`]

You have to pay for the car. The bank has nothing to do with your buying a lemon.

DC

[justalayman]

did the car pass the smog test? I presume so since I do not believe you would have been able to register is without a pass.

If so, as DC stated, this is now your car and owe the money. All the bank did was lend you the money and they are entitled to be paid back as you agreed. They had nothing to do with the actual sale or condition of the vehicle yet you want them to take a loss on your deal. Ain't gonna happen.

we really don't need the "long story" version of this.

[kyleandnichole]

i realy do believe that the bank does need to be paid back i wasnt just saying to let them get the axe. all i wanted to know was is there a way or do you think it would be possible to meybe get them( the bank) get there money from the dealer. the dealer has all the money now anyways.
or that would probaly have to be a second issue huh?ill praobbaly have to deal with the bank and then try to sue the dealers later in another court case?

its just bs no one would buy a car and have it break down 2-3k miles up the road and still be fine with paying the full price of the car.even when it was sold pretty dirty. theres a reason people buy from dealers and not private parties, but after this experience i dont know whats better.
but thank you all for the replies i am glad you guys can help out

[ecmst12]

You can try talking to a Lemon Law lawyer.

[kyleandnichole]

is lemon law only for new cars tho? like new cars that have defects? but yea thats an awesome idea cus they will deffinatly know somthing.

Does anyone know if it is illegal to sell a car with out smogging it or with out phisicaly signing (not just a computer printed name) the contract? thats a big question i would like to have somone answer cause that would realy help me. i looked it up all over on google and on the web and i found that no dealer can sell w/o smog but then i see things like certain times its ok and it go back and forth conflicting with what ive found.so i dont know

one more thing Is everyone on here a lawyer or just normal people with decent knowlage in law?
thanks

[ecmst12]

Lemon law is NOT only for new cars.

[Antigone*of*Greece]

TimstudiesLaw and Cyjeff already gave the OP the answer they didn't want to hear. At least you guys got the short version.

[url]http://forum.freeadvice.com/debt-collections-84/long-story-443396.html[/url]

[TimStudiesLaw]

Originally Posted by kyleandnichole

Does anyone know if it is illegal to sell a car with out ... phisicaly signing (not just a computer printed name) the contract?

If you signed the contract then you are bound to that contract. It is common for a customer's copy of a bank contract to not show a signature from the dealership - it's because most finance people do not have signing authority. The Dealer Principal, Comptroller, or some other employee who does have authority signs the contract before it goes to the bank for funding. The contract is still valid. (I believe that's what you are talking about, no?)