Defrauded in car loan, now I have to pay?
Long story short, my car was repo, and because I allegedly tampered with GPS, dealer wouldn't reinstate loan, told me to pay of whole thing, which I couldn't. Car went to auction, and sale went towards the bill, which I wasn't going to pay because I don't have the car anymore. Dealer sued, and judge or somebody gave them a judgement, and that I have to set up a payment plan or they garnish my wages? I don't have the car any more! I thought that by them taking the car we were even, I didn't even get my downpayment back! Also they say I owe way more than what the car sold at auction for, because even though the car was running, they ran the car as not running just because they had no key. They blame me for not giving them the key. They sent a notice asking for the key, but they took my car and gave me nothing, so I said I ain't giving them nothing either, so I didn't give them the key. They could of gotten a key and sold it as running, and sold it for more. This is fraud and misrepresentation. How do I sue?
- ElGrandeLv 76 months agoFavorite Answer
Sue for... what? You signed their contract. It got repo'd.
You're trying to sue for what you THINK is right? That doesn't fly with a judge.
"I thought that by them taking the car we were even, I didn't even get my downpayment back!" - Not trying to be rough, but this tells me you really didn't understand the contract you signed. You think you're entitled to your down payment back? Taking the car was just the beginning. Once it is auctioned off, you owe the difference or the remainder of payments, depending on the contract.
Not sure exactly what you'd try to sue for...
- Anonymous6 months ago
Ahh, being young and dumb must be your excuse.
- 6 months ago
You are clueless. You were the one who did all the wrong things. You are typical of young people who buy brand new cars. One of my daughters had a boyfriend like this. He needed a car. I offered to give him a used one - free - all it needed was a water pump to get it into roadworthy condition. he refused it. I told him: "Whatever you do, don't buy a brand new one and don't buy a Ford". Ford was going through a very bad spell. Guess what he did? His new Focus was a real lemon. It never worked right and he proceeded to further ruin it by neglect and driving like a total jerk. After they repossessed it, they came after him just like they are coming after you. He owed thousands on a car that was a beat up hooptie that he didn't even own. BTW, his mother told them where to find him and the car after he moved out of state. Nice, eh?
- KY-ClayLv 76 months ago
Sue?? You got exactly what you asked for. First off it was not your car. The car was owned by the lender until you made that last payment. Secondly, you owed more than the car sold for. The car sold for way less than it was worth because you refused to give them the key. Your fault. They really could care less what the car sells for as they knew they were going to get the rest of the money owed from you. Now your credit is ruined for 7 years, and you have no car. How did all this work out for you? No fraud was involved here. All this could have been avoided if you have kept up your end of the bargain you entered into with the lender. You have nothing whatsoever to sue for. But go ahead and make a fool of yourself and sue them. You will be laughed out of court and waste some more money by being bull headed.
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- ScottLv 66 months ago
This is what can happen when you don't honor your financial obligations. The other mistake you made was assuming after they repossessed the car, "you were even". You don't understand how an auto loan works. You agreed to pay the lender an amount of money and now you owe them the balance of that money plus whatever extra fees they can tack on. This is not fraud, it is ignorance and not understanding what you were doing.
- PercyqtedLv 76 months ago
1) You were not defrauded, more like deluded.
One small detail you omit is why the car was repossessed in the first place.
The rest of your story, which I think is very much a story is just a list of things you should NOT do.
You were lucky they took you to court and didn't just send the legbreakers to see you.
- Anonymous6 months ago
A fool and his money are soon parted, fool.
- ntLv 66 months ago
You don't have a prayer. You owe and they will garnish your wages if you don't start and continue paying.
Your ignorance is no excuse.
By the way, wage garnishment, is 25% of your pretax income off the top. So a deal for less than that would be good for you. However, if you fail to pay, the garnishment will be automatic from there on.
The dealer did nothing wrong here. You did many things wrong.
- Anonymous6 months ago
Were you notified that they were suing? Did you show up? Did their contract allow them to install a gps unit? At this point, if they got a judgement, you will need to speak to a lawyer.