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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

  1. 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 posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

  2. 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.

  3. 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.

  4. 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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