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Amy Elizabeth Clark Kleinpeter
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Amy Kleinpeter’s Answers

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  • Is there something that can be done about this?

    I went to a dealership to purchase a vehicle. I took one home over night and left my truck there.not for a trade in. When i got my truck back the next day there was money and some other things missing.

    Amy’s Answer

    You may have a claim but the problem is going to be proof. I would suggest you talk to the dealership first, and write a letter as well.

    You could sue in small claims court if you wanted, but again, evidence is going to be a problem.

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  • About 5 or 6 years ago I went Trophy Nissan to buy a use car. I found a car for 12000 cash. 3 mounts later they got the car back

    The dialer that work there sold me his car, with T.N. bill of sale, and other paperwork. I bought the car on T.N. use car lot. I signed papers inside the dealership. I wan 10000 dollars from the dealer, throgh small claims court. But I haven't rec...

    Amy’s Answer

    It sounds like you have a judgment against Trophy Nissan, but you need to collect, is that correct?

    I would try and find a "collection lawyer" -- that is what you are looking for. Now that collector may take a good chunk of your money but right now, your judgment is just sitting here so it may be worth it.

    Sometimes the sheriff's office will also collect on a judgment for you. Again there is a fee but that may be a good option in this case.

    Also make sure you calculate the interest on that judgment. If the judgment is old enough, that interest may go a long way towards paying the sheriff or collection lawyer.

    Good luck! (NOTE -- I would not be surprised if once you start collecting, Trophy Nissan hires an attorney to try and overturn your judgment. Then you need to hire an consumer protection attorney. )

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  • Can the police help me get money back?

    so i know i did a bad thing and bought a phone off the internet . Everything went by smoothly and i bought the phone everything worked and was practically like new, i knew it was sprint locked so i asked my uncle how i can unlock the phone, he sai...

    Amy’s Answer

    I wish you wouldn't say you did a "bad" thing -- you just trusted someone to be honest and fair, and if we did not do that then all commerce would pretty much grind to a halt! Can you imagine just trying to buy gas or groceries if we had to have everything inspected and checked every day?

    ANYWAY -- I think you are probably out of luck. The police will likely say it is a civil matter (it is, it is called "breach of contract"). Your contract was mostly oral as well -- although you can print off the ad on the internet and any text messages (take pictures of them if you cannot do a screen capture) and emails.

    You could sue in small claims court, but it may be hard to collect. That may be worth it provided you can get a friend to serve the lawsuit on the phone seller for free or for a low cost.

    Probably you just need to let this one go.

    I recently bought an extra phone at a phone repair shop. I got an iphone 4 (so old, but it works) for under $100 and I know the brick-and-mortar store where it came from so that may be an option in the future!

    Best of luck to you!

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  • WANT TO SUE A SELLER IN TEXAS FOR INCORRECTLY DESCRIBING AND HIDING DEFECTS ON A BOAT HE SOLD

    IN MARCH 2015 I BOUGHT A BOAT FROM SOMEONE IN BEAUMONT TX, I LIVE IN SOUTH FLORIDA AND THE AD READ FUEL TANKS ARE PERFECT AND WHEN I SAW THE BOAT ONE TANK WAS LEAKING GAS., AS I LEFT AFTER PAYING THE PERSON CASH I CALLED THE SELLER MANY TIMES TO G...

    Amy’s Answer

    It sounds like you have good evidence that this seller lied to you in order to get you to overpay for this boat. That is fraud and a violation of the Texas Deceptive Trade Practices Act so you seem to have decent claims that can be filed in court in Beaumont.

    The one problem I see is I think you bought this from an individual and he know won't answer calls? Is this a person with a business with boats or just a person selling their own boat? It is tough sometimes to collect money from an individual person. In my experience, individuals fight harder and longer (even when it makes no kind of sense) and then are hard to get to pay even if you win in court.

    If you can find out some information on this gentleman such as does he own more than one property in Texas or if he has a business, that will help make it easier to collect after you win.

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  • I brought used 2006 pt cruiser thaat broke down few times then took to different mechanic and was tiold engines blown.

    i put 1200 down aug2013 car broke first day i took back they said was bad thermostat and would replace got loaner got car back two day slater car overheated again i took back they said was water pump had for week to replace i got tickets in loaner...

    Amy’s Answer

    This is a tough case because you bought a 2006 PT Cruiser and it is not a surprise that it was in bad repair. Not that it helps now, and I am not trying to rub it in, but you should always get a car checked out by an independent mechanic before you purchase it.

    That's the bad news. The good news is that possibly the dealership violated the Texas Deceptive Trade Practices Act if you can show that they knew the car was in bad condition and that the bad condition was present when they sold it to you and that they hid this.

    Honestly, I think you have a really tough case. I think your best bet is leave it at the mechanics and save up another downpayment and go to another Buy-here, pay-here lot and buy a new car. This time do get it checked out. The mechanic will get paid from the lien and the dealership will get some money. They may try to go after you for the remainder but I doubt they can prove anything.

    You can also sue in small claims court for the tickets (That is absolutely a clear issue where the dealership was in the wrong, but it is not enough to hire a lawyer about) and the money you paid. However, they will probably then explain to the judge how you owe them money as well. The judge may go along with you but she or he may not -- hard to say.

    Sorry this happened, it looks like a tough life lesson. Sadly, some dealerships cannot be trusted. The price you paid (even including financing) seems like it may have been really high as well, or your interest was very high. It also pays to look at Kelly Blue Book and Edmunds online to see pricing guidelines.

    Best of luck!

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  • Can I get money back ? What can be done?

    We bought a car from a buy here, pay here dealer. I received a call yesterday from out of state. I call back and lady said our account was sold to there compan . I then hung up to call dealership to confirm. And yes was the answer. I looked up the...

    Amy’s Answer

    This sounds totally normal -- the call could be from a servicer of your loan or a new finance company has basically "purchased your loan" -- I put that in quotes as that is not the technical explanation, but it is the simplest way to think about it.

    This actually is probably for the best. Otherwise you would have a small dealership handling everything on your financing as well as handling their own car sales and that can often be a headache. I am sorry you are not happy with the finance company you now have, but you do not have any say-so in this matter.

    There is a solution -- if not now, then in the future. Just refinance your loan with a lender of your choosing, such as a local credit union. Then you know you who you are dealing with. I say if not now, in the future because it is possible that no major lender or credit union would want to refinance you now, but after you have made on-time payments you may be able to refi. This is because you will have paid down the loan so you will owe less compared to the value of the car, and you will have a history of on-time payments.

    Best of luck to you!

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  • If there were verbal agreement with car lot can it upheld in court

    I phrased a vehicle under impressions nothing was wrong it my. Wife ask if it was a good car the sales person stated yes I asked could I drive out of town say 1500 miles going 1500 coming back he stated yes. His mechanics stated if the car needs w...

    Amy’s Answer

    Good morning!

    A lot depends on the year, make and model of the car because what you can reasonably expect about a car is related to those facts.

    It sounds as though the vehicle may have been in a wreck -- was that disclosed to you? Have you gotten carfax or autocheck report? They do not include all accidents, but they do include some. If the car was wrecked and that was not disclosed, that can sometimes be a basis for a Deceptive Trade Practices Act claim (DTPA).

    Under the DTPA, the dealership has to disclose information that would have likely influenced your choice to buy the car. For example, if you knew it was a rebuilt wreck car, you may have bought something else or at least paid less for the rebuilt wreck. The DTPA requires that a demand be made in writing first and then the dealership has 60 days to settle the case with you. If you do not settle, then you file a lawsuit.

    The car sales person's promises really are not worth much. The fact he or she and the dealership gave the impression this was a good quality car when it seems to have been a clunker may help you with legal claims. However, you cannot argue that the verbal agreement trumps your paperwork. Look and the sale paperwork probably says you bought the car AS-IS with no warranty.

    Best of luck to you! I would encourage you to call a consumer attorney, but make sure you have all your sale documents and a written estimate of all the problems with the car and the cost to fix them.

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  • Who do i need to on used car laws ?

    I have help my disable brother purchased a used suv (as is) no warrenty well 4 days later check engine light comes on so happend the Cat Convertor went out well i take it up there cause they want to d oa state inspection (texas) ... they want my ...

    Amy’s Answer

    How many miles before the check engine light came on? It sounds as though the lights were just re-set by the dealership so they were not on at the time of sale, then came back on.

    Was the car not inspected prior to selling it to you? Did it have a valid sticker at the time of sale?

    What is the year, make and model? As my colleague here has said, if it was an old car with high mileage, problems are expected. If it was newer, then judges and juries have an easier time finding sympathy.

    Without more information, I can't say if you have any possible legal claims or not. I would suggest you gather all your documents and even write some notes on your conversations with the dealer where you asked to return the car, and then contact a consumer attorney. You can look here on AVVO or on National Association of Consumer Attorneys.

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  • Forcing a Financial Institution to reveal who/whom lied about me.

    Called up, asked for a quote. Denied, "... you are incarcerated." "WHAT?! Excuse me, access my accounts, could not have made those purchases if I was incarcerated, trace this call, its from a private phone, and no person/s has Power of Attorney on...

    Amy’s Answer

    I am not sure that any one lied. Since the bank then did give you a quote, it sounds like someone just pulled up the wrong person's information and then when you told them that was clearly wrong, they corrected the error.

    I am not sure that you have any damages here. Personally, I do not see any legal issues relating to you from the facts given.

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  • Can you return a car that your bank didn't paid to the dealership? they gave you the car, now they avoid the bank calls

    they are avoiding the the bank calls requesting a new purchase order, the bank wants them to remove a package that it is not need, the car has not been paid to them yet.

    Amy’s Answer

    More information really is required to understand this.

    Did you get your own loan before going to the dealership? Or did the dealership help find you a loan?

    Do you want to return the car? Did you talk to the dealership about returning the car?

    I would encourage you to file a complaint with the Texas DMV and the Office of Consumer Credit Commissioner.

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