Legal Question in Civil Litigation in Maryland

I had signed for a car from a dealer ship and got ripped off big time. I bought the car in May 2009 and didnt recieve a copy of the contract until September 2009. I believe the contract had been altered and I was irate. They had me paying in all 17,779 dollars for a 2000 Nissan Maxima.So I went to the dealership and went to the accountant they had assigned all the used car accounts with. He actually gave me my lien and contract in an envelope and told me once I had paid what I thought was enough stop paying for the car because I now held all the information to the car the lien relase and the original contract. Not the worst part on November 27th I lent the car to my father and he wrecked the car. It was totaled so when the adjuster asked for the title I gave her the lien release and the title and she cut me a check for the car. Now the accountant found out about the car being totaled and is going to sue me because they did not get the money for the car. I dont know w hat to do now that this crooked accountant is in danger of losing his job because he messed up he is trying to go after me. I am stuck and have no idea what is goin to happen please help.


Asked on 12/08/10, 11:40 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

If you haven't paid the note for the car in full you are subject to being sued for default on the note. The loss of the car doesn't relieve you of this obligation. You are fortunate to have acquired the lien release; otherwise the insurance money would have gone to the lender on the note. The accountant's actions as you describe them benefitted you to the detriment of the dealership. If the contract you signed was altered after you signed it you should have stopped the transaction right then and there; the passage of time since them may constitute your acceptance of the altered contract. At this juncture if you get sued by the note holder you should immediately contact an attorney who can help you resolve it without severely impairing your credit.

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Answered on 12/15/10, 7:13 am


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