Legal Question in Consumer Law in California

Used Car Sles Contract Fraud

I need help with a local used car dealer that i purchased a used car from and financed a portion of the cost through him. I discovered that on my original contract that his interest rate breakdown was fradulent. He charged me 21.57% int. on the contract for a period of 12

months but the total amount financed was much more than what it should be. Come to find out his 21.57% is really 47%. He has reposessed my car 3 times for no reason and charged me costly reposession fees, the 3rd time i could not afford to get it back. I used to be somewhat friends with the guy and have bought 2 cars from him and upon investigating my first car he did the same fraudulent interest charges. I have several friends and family that bought cars from him and he did the same thing to them. I consulted local dealerships finance departments in the area and they all concur that in fact what hes doing violates the ''federal truth in lending act'' He preys on the hispanic community and low income. He has been

doing this for 10+ years and 1000+ people he has swindled and decieved. I know first hand because we were briefly friends. I have sued in small claims and won but he has appealed and hired an attorney. Do i need an attorney? What are my options?

Asked on 12/30/05, 2:02 am

2 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: Used Car Sles Contract Fraud

We are very sorry to hear what all you have been thru, especially at the hands of a former "friend". If you would like effective, affordable assistance with the small claims appeal, contact us this week for a free phone consultation.

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Answered on 12/30/05, 3:22 am

Phillip Cooke Law offices of Phillip A. cooke

Re: Used Car Sles Contract Fraud

You need to hire an attorney. If you do not it seems likely you will not present facts and law sufficient to win your opponent's appeal.

An appeal of a small claims court judgment results in a new trial in the superior court. You must present all of your evidence anew.

Because you chose to file in small claims court you may have limited your recovery. It would have been wise to have talked with an attorney before filing.

See an attorney immediately to see if you can do something to rectify the situation and open up the defendant to additional damages.

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Answered on 12/30/05, 12:18 pm

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