Legal Question in Consumer Law in Florida

Me and my fiance bought a car from a car lot, in February 2009. Well since then we have taken it back to get fixed, around April. The lot said it was the water pump and they "fixed it, replaced it" and "that would fix it". Well the problem that started all the troubles was that it started losing water, somehow, it was not leaking out and was not getting hot. Well about 3-4 weeks after we got it fixed at the lot we started to notice water on the dip stick.Now the car is complete out of commission, not working. The lot is try to say that they can garnish our wages, even if we turn the truck in. We can not drive the truck and the lot are not acting like they are going to come and get it.

We have contacted the lot multiple times, sometimes just hanging up on us when we start to talk about the problem.

We are not looking for a lemon law suit or whatever. We just have questions, can the lot garnish our wages even if we turn the truck over?

The lot is a buy here pay here lot.

And to add to it a coworker of mine is having the same problem, bought the car around the same time and hers is completely locked up at the lot and the lot has not done anything about it.

Waht should we do?


Asked on 8/06/09, 6:34 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

Your contract governs the situation. If you signed a contract "as is", then that's exactly what it is. Whether or not you got what you paid for may be the subject of a lawsuit. I would threaten litigation first -- a few strong words from an attorney will do wonders. Then, I would actually file the lawsuit. I doubt this 'buy here, pay here' lot wants to go to court (way too many complications and questions). They certainly cannot garnish anyone's wages unless they have a court order -- which entails filing a lawsuit, winning, filing a motion to enforce judgment, and then actually collecting.

Fight. You may very well win. Hire an attorney to help you.

Good luck.

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Answered on 8/09/09, 8:43 pm


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