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What can Expect from a Auto Dealership theatening to sue me?

Lucerne, IN |

I took my truck to a dealership for repair. I told the service man I needed the truck back before the weekend. The dealer had it for 5 days. They called me on a Friday, before I needed it, to come pick it up. The service man told me they had ordered a replacement part, and had put it on the truck. The new part they ordered was bad. So they put the old part back on, and had me pick up the truck. I didn't sign any papers stating I would return to dealer for repairs or pay for anything. I had to hire someone to haul the livestock I needed to move. I took the truck the next week to an indepedent mechanic. I had the truck fixed in 2 days. Now the dealer is saying they are going to sue me for the $800 part and labor. What can I expect, and what should I Do? Brett Day

Attorney Answers 1

Posted

Write a letter and send it with proof of receipt delivery to the President of the Dealership, and cc the car manufacturer company's president, and your state attorney general. The letter should outline what you state above with dates and specifics regarding who you dealt with at the dealership, what their delays cost you both regarding hiring someone to haul the livestock and to get the truck repaired again. Tell them you are disputing all charges in good faith and don't pay them. If you have receipts regarding the other costs to you, attach copies of those. You may also want to request they pay you for the money damages that their delay and non-repair cost you, but this gets more complex so consult an attorney. Be sure to keep all paperwork in case they do go after you in court or collections and, if so, provide copies and tell any collections agency it was a "good faith dispute" and therefore you were not required to pay it -- at this point you may need to hire an attorney to handle the matter as well to ensure that everything is dropped or to respond if you receive a summons or law suit for small claims court -- however you can represent yourself in small claims.

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