Can You Still Take A Company To Small Claims Court Even If They Nwent Out Of Busniess Or Bankrupt?
i bought a car from a dealership it was used an 97 4 runner and when i bought the car i put down 2 grand ( my credit isn’t good) and the car salesman said in order for the loan to be bought i would have to put down another grand but at the time i didn’t have it so he said i could write him 4 checks each for 250 that he would cash one each week which was fine with me but not even 2 days after having the car did it break down so i took it to a toyota service center and the amount of work was well over 3 grand were the tech told me about the california lemon law so i towed the car back to dealership and brought the lemon law paper work saying i wanted my down payment back and he told me that he would have the car looked at for himself and wouldn’t Cash the checks til he knew if it was worth it to have the car fixed so i didn’t hear from him for a Weeks or so and he called and said he was going to get it fixed and two weeks later he called and said the car was done when i went up there he wouldn’t show me any parts boxes or nothing so i wouldn’t take the car he told me to drive it to a serivxce center to prove work was done which i wasn’t about to do because the closest toyota service center was 30 miles away. so we left the car there and said we would talk to an attorney and the next day we paid the first payment to the loan company and canceled the checks so the dealership couldn’t take the other thousand so we decided to go get the car and he wouldn’t give me the keys i even called the cops and they said it was a civil matter. the dealership ether went under or moved i drove by and its gone they have my down payment and car can i still sue them
Possibly Related Posts:
- Going Through Lemon Law Claim With An Attorney, It’s Been A While, Should I Wait Or Go To Another Attorney
- I Think I Bought A Lemon Please Help?
- I Had A Small Claims Judgement In My Favor. No Payment, And She Lives Out Of State, Capias Expired.?
- I Sold My Car Last Weekend, Now The Guy Wants His Money Back…?
- My Car In Service For 3 Mo. Now They Take The Loaner Away. Want Me To Replace With A Junk Yard Engine. Help!
Reading your question gives me a headache, but I’ll try to make sense out of it. Paragraphs, proper sentences, and proper capitalization are your friends.
1Basically, once a business goes bankrupt/out of business, you have a certain amount of time (depends on state/local law) to file as a creditor of the business. I am not an attorney, and certainly not one in California, but you might check with your local district attorney to see if you still have time to file for the return of your car and/or money. If your area has a Legal Aid office, you might also see if they can help you.
In the future, never, ever do business with anyone who offers to take post-dated checks. These businesses are often predatory. They are not taking post-dated checks out of the goodness of their hearts, they are taking them so that they can get more money from you.
u have 3 yrs. And getting a judgment will be easy and then,
2every 5 yrs, you can renew the judgment until they buy RE or
open a new store and then, get a writ so the sheriff can go collect for you.
You can file suit against them, but if they filed bankruptcy, you will have to go through the bankruptcy court and stand in line with all the other creditors. Also, check with the small claims court to make sure you are under the limit…if not, you will have to sue in regular civil court.
3The hard part will be tracking them down.