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Hyung S Choi

Hyung Choi’s Answers

50 total

  • ABC Nissan dealership in Arizona fraudulently sold an accident-ed car to me as a certified pre-owned car. Do i have a case?

    I bought a pre-owned certified 2011 Altima from them on 02/09/2014 not knowing that the car was involved in an accident, the airbag deployed and it has a structural damage. They hid all of these information from me, they never reported it to Carfa...

    Hyung’s Answer

    This practice is most likely fraudulent in many levels. If the dealer truly inspected the vehicle as CPO program required it to do, it should have discovered the evidence of prior crash and repairs. Even if the dealer missed what should be obvious signs of prior crash and repairs, it should act fair after you brought the CARFAX information to its attention.

    Your problem is the arbitration clause. Most of the dealers (as far as I know, this dealer uses arbitration clause) have arbitration clause buried in its contract. With such an arbitration clause, you cannot file a lawsuit. You lose your constitutional right to take your dispute to the jury. Car dealers know the jury usually will side with cpnsumers, and against a car dealer. I have taken 4 undisclosed wreck cases to the jury and obtained punitive damages in every one of them. The arbitrations, on the other hand, are conducted in front of an arbitrator – usually a retired judge or lawyers with lots of corporate experience. While the arbitrators mean well, they are very reluctant punish a business. I have taken no less than 5 undisclosed wreck cases to arbitrations, and never had punitive damages assessed against car dealer in arbitrations. For a good report on unfairness of arbitrations, please see the following 3 part report by New York Times:

    Even with arbitration clause, you should consider pursuing this dealer. You should look for an attorney at National Association of Consumer Advocates website.

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  • Can a use car dealer still sue you even car was a lemon?

    put down for car and put alot of work to it,couldnt make payment for a broken car. So took car back .7 years ago this happen there still sueing me. Can they?

    Hyung’s Answer

    As attorney Glenn Allen points out, the time to argue about the lemon law may have come and gone. The only potential argument related to the lemon may be if the dealer failed to describe the 15 days/500 miles implied warranty on the front page of the contract. If you still have the contract, you should have it reviewed by an attorney.

    In addition, the statute of limitations may be a good defense for you. Statute of limitations requires a lawsuit to be filed within a specified time. A typical breach of contract case will have a six year statute of limitations in Arizona pursuant to A.R.S. §12-548. However, a different set of statutes called the Uniform Commercial Code (UCC) governs sale of goods (which includes automobiles). Specifically, A.R.S. §47-2725 governs deficiency lawsuits (which most likely is the lawsuit filed against you) following a repossession of a vehicle. The relevant part of this statute says:

    A. An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued.

    When does the cause of action accrue – when does the time clock start ticking? – is another issue. Typically, it is interpreted as the date you first missed the payment. If you returned the vehicle and stopped making payments 7 years ago, then the statute of limitations will be a good defense.

    There are, however, exceptions. For example, if you made any payments recently because of badgering from the creditor, or if you promise din writing to make payments, that can restart the 4 years period. Thus, you should gather together all relevant documents and consult with an attorney.

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  • Possible Auto Dealer Fraud

    I purchased a used vehicle in April. 2015. Unbeknownst to me I purchased a manufacturer buy back. This was only disclosed to me upon receiving the title. I also purchased an extended warranty & was not able to use it when the car quit on me & had ...

    Hyung’s Answer

    You may have a number of claims. Of course, a detailed investigation must be completed before fully assessing possible claims. However, based on the facts you described, you may have a violation of Arizona Consumer Fraud and breach of contract claims against the dealer. You may also have a breach of contract and insurance bad faith claim against the extended warranty company. You should gather all documents together and have an attorney (that handles claims against car dealers and extended warranty companies) investigate the facts.

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  • Can a collection agency come after you for debt that you already satisfied?

    My wages were garnished for a debt from a broken lease. The judgement was satisfied. I have the paper work that states the case # and that it was satisfied. Now, 1 year later, the collection agency is coming after me again for the same exact amoun...

    Hyung’s Answer

    In addition to the FDCPA violation This may also be a Fair Credit Reporting Act (FCRA) violation if the Collection agency is reporting this on your credit report. You should check your credit report. You should then consult with an attorney that handles FDCPA and FCRA cases for your options. A successful handling of FCRA case requires specific technical knowledge and therefore you should seek an attorney that is knowledgeable about FCRA.

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  • I have an old debt (unsecured) that will be 7 yrs 180 days past due in Oct. MCM is reporting the debt as current is this legal?

    Midland Credit Management is a debt buyer, about a year ago they purchased an old unsecured loan I had that I stopped paying on in 2008. I believe the Statute of Limitations has passed on getting sued and I planned on riding out the 7 yrs, 180 da...

    Hyung’s Answer

    This is illegal under the Fair Credit Reporting Act. And from potential creditor’s view, recent default is far worse compared to a default that is 7.5 years old.

    Attorney Bunce also raises valid point valid. However, if you feel this debt is beyond the statute of limitations, you should dispute with all credit reporting agencies (such as Equifax, Transunion, and Experian) that are wrongly reporting this item. For helpful guide, go to You should point out to the credit reporting agencies the corresponding original account which the debt collector eventually purchased. If the credit reporting agencies refuse to correct the wrongful information, you should seek attorneys that focus on helping people with credit reporting problems at Good luck.

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  • I purchased a used car and a month later financing was declined. Do I have to pay for the miles I put on the car?

    The dealer said I was approved for financing. They kept working with the finance company and me to show proof of income. A month later, I am unable to show that I make what I said I make a month. The dealer said that I will have to pay per mile if...

    Hyung’s Answer

    Yes, if you agreed to pay for the miles. I assume you believe you did not. The problem is the dealer obtained your signature on 10-15 documents, and you only have a copy of 3-4 documents. And in one of these documents, you may have agreed to pay for the miles.

    Even so, there may be a conflict. The retail installment sales contract (commonly called “loan contract”) usually have a paragraph in the back that spells out what should happen if the dealer is unable to assign it (commonly called “find you a loan”). It usually says you should return the vehicle with reasonable wear and tear, and the dealer will return your consideration (down payment and trade-in). Resolving the conflict, if any, depends on the facts and exact language of all the documents.

    At this time, if the dealer requests you bring the vehicle back, and your contract allows the dealer to cancel, then you have no choice. You should return the car in best condition possible. And nicely ask the dealer to refund your down payment. If the dealer does not refund all of your down payment, you should ask – in writing (fax with proof of transmission works best) – why it did not refund all of your down payment. You may have to send 2 or 3 requests before a dealer will respond, if at all. Once you receive a response or 3 tries, you should consult with an attorney. Be sure to save as much documentation as possible.

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  • Can I get my money back from a car dealership?

    I put down 2000$ and got a truck and there were problems with it oil leak no a/c check engine light on. They promised to fix and take care so could pass emissions but it's been nothing but lies and now 90 days and still not fixed they have had tru...

    Hyung’s Answer

    It sounds like you have 2 separate and distinct issues. The first issue is the dealer not transferring title and registering the vehicle for you despite over 90 days passing since your purchase. You should file a complaint with the Arizona Department of Transportation. You can fill out this form and mail to the address at the top of the form.

    Another option is
    to drop it off at your local MVD office. This will put some pressure on the dealer to do things.

    Regarding the dealers refusal or failure to fix, I presume you did receive 15 day/500 miles implied warranty from the dealer. Enforcing your rights under that warranty can be tricky because dealers rarely give you anything in writing to show that you gave it notice about the problems before 15 days/500 miles expired. Preferred method of communication with dealers is through medium that can be easily used in court such as emails, faxes or letters. If you have not used these methods, you should start now. If you are still dissatisfied after the MVD’s involvement, then you should get your documents together and have it reviewed by an attorney.

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  • By law, is a car dealer required to inform you about the Carfax on a new truck?

    I purchased a new truck in Dec. 2009. I recently traded it in for a new 2015 truck. I felt the trade in value was low but decided to except the deal. 2 days later I found out from the original dealer of the 2009 truck, that it had been involved...

    Hyung’s Answer

    Car dealers ar not required to show you a carfax report. However, Arizona law requires new car dealers to disclose damages that cost more than 3% of the MSRP to repair. Excluded from the 3% thresh-hold are damages to bumpers and glass.

    You should contact the selling dealer, tell it about what you leanred and ask for a copy of the repair record.

    Some car dealers fudge the numbers to evade this disclosure requirement. In a case such as yours, you should have the car inspected a competent bodyshop technician to determine the extent of damages that were repaired. Feel free to contact me for a bodyshop recommendation.

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  • What course of action can be taken against a company for forging a customer's signature?

    DISH Network....forged my signature on their contract...didn't find this out until I requested a copy of said contract

    Hyung’s Answer

    First, I agree with Attorney Hall’s answer. It is almost always good to communicate and try to avoid a civil legal action.

    However, sometimes, you may hit a road block (and perhaps you may have already hit a road block) in your efforts to communicate. If that is the case here, then more information is needed.

    A civil legal action can be time consuming and expensive. Even if you find an attorney that is willing to represent you on a contingent basis, there are risks. Thus, a civil legal action typically should be pursued only if you are being damaged by the forgery.

    Following information will be helpful in determining whether you should pursue a civil legal action. Is the business trying to collect based on the forged contract? Is the account based on forged contract being reported on your credit reports? If your responses are affirmative, then you should consult with an attorney with knowledge in consumer protection laws such as Fair Credit Reporting Act. After investigating facts and conducting a legal analysis, the attorney can recommend the best course of action for you.

    Of course, you are free to report the forgery to law enforcement agencies, including the Consumer Protection Section of Arizona Attorney General’s Office. Here is the link to the Consumer Complaint Form:

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  • What is a secondary motor vehicle finance transaction

    im just trying to not get screwed in a interest rate for a vehicle and i know there are laws on secondary interest rates but not to sure what that is

    Hyung’s Answer

    Technical definition can be found at Arizona Revised Statute § 44-281(13), which is cut-and-pasted below. Most of typical “Title Loans” fall into this category.

    The interest rates allowed by Arizona legislature for title loans are OBSCENE. They are set forth below.

    1. For loan amount of $500 or less, a finance rate of 204% APR.
    2. More than $500 but not more than $2,000, a finance rate of 180% APR.
    3. More than $2,000 but not more than $5,000 dollars, a finance rate of 156% APR.
    4. More than $5,000, a monthly finance rate of 120% APR.

    Please do everything you can to not use this kind of loans, and work top make it illegal.

    Here is technical definition:

    "Secondary motor vehicle finance transaction":
    (a) Means any contract that includes provisions for either:
    (i) Obtaining a security interest in or lien on a motor vehicle other than in connection with the sale of that motor vehicle.
    (ii) The sale or conditional sale of a motor vehicle and the seller's right to retain use of the motor vehicle after the sale or conditional sale.
    (b) Includes any conditional sales contract or contract for the bailment or leasing of a motor vehicle in which the bailee or lessee agrees to pay for use of the motor vehicle and the bailee or lessee is required to become or has the option of becoming the owner of the vehicle for any or no compensation.
    (c) Does not include any commercial transaction as defined in section 44-291.

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