Legal Question in Consumer Law in South Carolina
Automobile purchase gone bad
I Paid $600 down on an automobile and agreed to $100 bi-weekly payments. Two weeks later I paid $200 which covered 4 weeks. I agreed to pay sales tax & tag transfer when the next payment came due. The day before my payment came due, the dealer said I had delinquent payments. Payments are not delinquent now he wants the car--I would like to sue this slim-shady so he doesnt do this to someone else. Is this worth my time and effort? Can I find an attorney to help prevent this man from taking advantage of innocent people?
1 Answer from Attorneys
Re: Automobile purchase gone bad
Do you have a written contract regarding these payments? If not you may have tough time proving the terms of the payment schedule. He would still have to send you a "right to cure" letter before he repos the car. If he doesn't you can sue him for conversion (which is basically another word for stealing) Also, he may be violating the South Carolina Unfair Trade Practices Act which provides for triple damages and attorney fees. Another act which he may be violating is the Regulation of Motor Vehicle Dealer's act which provides for double actual damages, triple punitive damages and attorney fees. Also, he may be engaging in unconscionable conduct in collecting a debt in violation of the South Carolina Consumer Protection Code. You would need to file a complaint with the South Carolina Department of Consumer Affairs prior to instituting a claim under the Unconscionable Conduct in Collecting a Debt statute. The South Carolina Department of Consumer Affairs has a website, and you can download a complaint form and send it to them. This should get his attention.
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