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Can dealer ignore 30 day demand letter from my lawyer?

Los Angeles, CA |

I'm currently suing my car dealer for fraud. It's been 2 years since I got an attorney to help with my case. We have sent them a 30 day demand letter June 16, 2012. It is now, August... the 30 day passed, within the 30 days I have not heard from anyone. What does this mean? The dealer has obviously been delaying everything, is there anything that they could be doing to delay this? Did they not have to respond to that demand letter?

Attorney Answers 4

Posted

There is not enough information to advise you what to do, nor any indication what you demanded the dealer to do within the 30 days.

You indicate that you are "currently suing" the dealer, which I interpret to mean a lawsuit has already been filed. If so, the dealer has no obligation to respond to a demand letter. The dealer only has to respond to the summons and complaint.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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4 comments

Asker

Posted

Each Sorry about that. We were demanding them to cancel my contract, return my money, and fix the car. Also, because now my attorney is also working on a class action against them, they have demanded the same thing to happen to those they've done the same to me. In my case, they have done everything wrong with the sale, they gave me a bogus warranty that started 2 months before I bought the car, they've faxed my attorney documents with my signaure on it but my copy has no signature.. its a mess.

Scott Richard Kaufman

Scott Richard Kaufman

Posted

Are these two separate cases OR are you lead plaintiff in the class?

Asker

Posted

both are separate. I have the option to be the lead plaintiff in the class action, and be separate. Not sure if that makes sense, it's what my attorney they told me.

Scott Richard Kaufman

Scott Richard Kaufman

Posted

You really need to be in better communication with your attorneys. Anything you've written on a public board could be "discoverable" and may come back later to harm you in litigation.

Posted

The 30 day letter is likely a CLRA demand letter. Once it is expired your attorney may wish to file an action against the stealership. That said, it's best if you consult with your attorney on what is the next step for this matter.

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Posted

You should speak with your attorney as to what will happen next.

This response does not create an attorney-client relationship between you and I. I am not your lawyer and I am not representing you in the underlying issue stated in your question. The response I have offered is not intended to be relied upon, you should seek out an attorney to assist in this matter.

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Posted

I agree with everything my colleagues said. Call your attorney to make sure your case hasn't fallen from his/her attention. Also, I assume the letter included some sort of "or else" language. If the threatened consequences are not pursued, the dealership may see this as a sign that you are not serious about your case, and they may simply ignore the matter.

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