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Old 10-19-2010, 03:59 PM   #1
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Question about judgements

Is there a time frame from the time you purchase something till the time you can be sued for non payment?

Without getting into details yet, I have a dealer saying I never paid a downpayment from a purchase made roughly 2 years ago. I have to talk to this lawyer that wants the money tomorrow, but I was wondering if there was a time frame that would put it past legal collections.
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Old 10-19-2010, 04:05 PM   #2
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it depends on the contract with the company, but 2 years sounds like a long time, companies usually have net 30-90 days A/R
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Old 10-19-2010, 04:19 PM   #4
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Loan was paid off last month when vehicle got traded in.
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Old 10-20-2010, 03:46 PM   #6
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Well, I talked to their lawyer. When I bought m tacoma I paid a $3,000 down payment.

Well apparently they can't track it and want me to pay it again. I have no receipt so I think I'm screwed. The original paperwork says $3000 downpayment, but never checked what type of money. I paid cash so I don't have much of a record. I checked my bank account and I withdrew like $17 the day before. Its odd because I never withdraw money from my account cause I keep cash at home. Guess its time to call my own attorney. I don't see how they would let me walk out with a new truck and paperwork without giving a downpaymet.
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Old 10-20-2010, 03:49 PM   #7
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Quote:
Originally Posted by RoyB View Post
Well, I talked to their lawyer. When I bought m tacoma I paid a $3,000 down payment.

Well apparently they can't track it and want me to pay it again. I have no receipt so I think I'm screwed. The original paperwork says $3000 downpayment, but never checked what type of money. I paid cash so I don't have much of a record. I checked my bank account and I withdrew like $17 the day before. Its odd because I never withdraw money from my account cause I keep cash at home. Guess its time to call my own attorney. I don't see how they would let me walk out with a new truck and paperwork without giving a downpaymet.
I think if your original paperwork says there was a $3000 down payment, then I think you would be fine.
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Old 10-20-2010, 03:52 PM   #8
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its amazing to me how people or companys dont know if you gave or recieved $3k...
you all must be rich
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Old 10-20-2010, 03:58 PM   #9
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Quote:
Originally Posted by Evil Monkey View Post
I think if your original paperwork says there was a $3000 down payment, then I think you would be fine.
This. If their paperwork states that a downpayment was part of the drive-away arrangement, then your ass should be covered.

If I were you, I would still consult an attorney.

Remember kids: ALWAYS get a receipt, and ALWAYS file EVERYTHING. FOREVER.
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Old 10-20-2010, 04:02 PM   #10
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DO NOT, I REPEAT, DO NOT pay those fucks $3k until you have a judge look you in the face and tell you to pay it or threaten you with jail time.

This is a small claims court issue.

Take them to court. The only thing you'll lose is time.

Furthermore, it's your word against theirs. They say you didn't pay because they don't have a record of it. Yet, your paperwork says you did. And they're trying to come after you two years later!?!

They have to prove that you didn't pay. Just because they have sloppy, incomplete records does not mean you didn't pay.

Chances are a judge is going to laugh them out of the court.
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Old 10-20-2010, 04:03 PM   #11
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Hell no dont pay those effers any money. If you had the truck for 2 years, and you traded it in last month, then the dealer can go screw themselves. Sounds like they are a bunch of idiots.
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Old 10-20-2010, 04:04 PM   #12
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x10000^^^^^^^^^^^^^^^
tell them it was cash and the sales man was responsible after that
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Old 10-20-2010, 04:07 PM   #13
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Quote:
Originally Posted by jandrews View Post
This. If their paperwork states that a downpayment was part of the drive-away arrangement, then your ass should be covered.

If I were you, I would still consult an attorney.

Remember kids: ALWAYS get a receipt, and ALWAYS file EVERYTHING. FOREVER.
I'll have to check the paper work again. They called me last year asking about it and I looked at it then. It just says in the down payment box: $3000. Under type of funds, it was never checked cash/credit/check.

Now generally when you buy a vehicle, pay the down payment, you don't get a separate payment receipt from the purchase agreement from what I can recall.
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Old 10-20-2010, 04:10 PM   #14
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yep if the paper says 3000 then there is nothing they can do about it. It was 2 years ago, they are trying to steal your money.
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Old 10-20-2010, 04:18 PM   #15
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Quote:
Originally Posted by RoyB View Post
I'll have to check the paper work again. They called me last year asking about it and I looked at it then. It just says in the down payment box: $3000. Under type of funds, it was never checked cash/credit/check.

Now generally when you buy a vehicle, pay the down payment, you don't get a separate payment receipt from the purchase agreement from what I can recall.

Disclaimer: I am not a lawyer

but:

If it says $3000 in the box, there is no way in hell they would've let you drive off the lot unless they got their money one way or another.

I agree with the others - don't pay them a cent unless forced to by a court judgment, and in all likelihood you have nothing to worry about.

They are alleging that you did not pay, based on them not having any records of payment. Absence of proof is not proof of absence. The burden of proof would be on them in court to prove that you did NOT pay, since that is their claim. If they can't show convincing evidence of that, all they have is convincing evidence that their record keeping is shoddy.


What makes the most sense to me is that the salesman pocketed the 3Gs in cash, filed the paperwork as normal, and now no longer works there. Someone went through the dealership's books and found the discrepancy. Still gets filed under NMFP.
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Old 10-20-2010, 04:19 PM   #16
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It seemed like a typical canned letter to me. I called and he said I don't have a receipt then I can't prove it and owe it. I said whys it my fault that since they have bad record keeping that I have to pay it. He said that it was never paid so I have to. Then he claimed that not every one pays the down payment before taking delivery of vehicle. I kinda chuckled.

I asked what it would cost for me to hire someone to fight this, he said he didn't know. I asked how much he would charge, he said he couldn't tell me, but that his client is spending a lot of money on it lol.

I just checked. I bought the truck 10/11/08 according to a post here. According to my checking account, I withdrew $105 on 10/10/08. Surely an odd number to take out? I know, the day before I made the deal would be worthless, except for the fact that it was a dealer trade and I made the deal a couple days prior. They have a record of $50 cash deposit to get the truck from that day.

I more than likely went to the bank the next day to get the remainder of the cash for the down payment and picked up the truck a day later. Like I said, I can go through 2 years worth of bank account records and probably only pick out 4 times where I took cash out. I never do it since I do a lot of cash jobs.
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Old 10-20-2010, 04:26 PM   #17
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Quote:
Originally Posted by jandrews View Post
If it says $3000 in the box, there is no way in hell they would've let you drive off the lot unless they got their money one way or another.
Exactly. I can't imagine they would just let me leave the dealership with the truck and all the paperwork without something STATING that I would pay $3,000 at a later time. Give me a break! And if they did, why would it take about a year for them to first contact me about it? Wouldn't someone be calling asap after a week if I owed that kind of money on a promise to pay later?
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Old 10-20-2010, 04:26 PM   #18
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Quote:
Originally Posted by RoyB View Post
It seemed like a typical canned letter to me. I called and he said I don't have a receipt then I can't prove it and owe it. I said whys it my fault that since they have bad record keeping that I have to pay it. He said that it was never paid so I have to. Then he claimed that not every one pays the down payment before taking delivery of vehicle. I kinda chuckled.

I asked what it would cost for me to hire someone to fight this, he said he didn't know. I asked how much he would charge, he said he couldn't tell me, but that his client is spending a lot of money on it lol.

I just checked. I bought the truck 10/11/08 according to a post here. According to my checking account, I withdrew $105 on 10/10/08. Surely an odd number to take out? I know, the day before I made the deal would be worthless, except for the fact that it was a dealer trade and I made the deal a couple days prior. They have a record of $50 cash deposit to get the truck from that day.

I more than likely went to the bank the next day to get the remainder of the cash for the down payment and picked up the truck a day later. Like I said, I can go through 2 years worth of bank account records and probably only pick out 4 times where I took cash out. I never do it since I do a lot of cash jobs.
Disclaimer: I am not a lawyer.

But:

Ok, first of all, stop talking to their people. Entirely. You ain't got shit to say to them, what you're doing in your life is none of their fucking business. The less they know, the better.

Second, consult your own attorney. On the off chance they try to turn you into collections, or you somehow DIDN'T pay the money (I doubt it...If I own a car dealership, you aren't driving a damn thing off my property until you've met the stipulations of our sales contract), you'll want a legal shield to either get your credit corrected or assist you in counsel.

Third...check the paperwork you have. See what it does and doesn't say.

Fourth...always get a receipt. Jesus. I'm leafing through my truck's file right now and I have a receipt for every red cent I ever gave them during the buying process.
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Old 10-20-2010, 04:41 PM   #19
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Quote:
Originally Posted by jandrews View Post
Fourth...always get a receipt. Jesus. I'm leafing through my truck's file right now and I have a receipt for every red cent I ever gave them during the buying process.
I figured the contract was a good enough receipt. Otherwise I ALWAYs get one.

I got tax audited last year. I had to go back TWO YEARS! that is stuff from 2009 and 2008. I always did my own taxs so I never really did "that" great a job on telling the truth. Well, now I had to prove my work expenses, charitable contributions, work miles, etc etc. Luckily I had it all and usually just guesstimated at the figures. After 4 hours of auditing they only got about $700 in errors, 300 being turbo taxs fault. It resulted in me paying $46 bucks to the feds lol. I actually found out I had not claimed enough in some departments like tools once I actually added up all the receipts I kept.
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Old 10-20-2010, 04:47 PM   #20
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Quote:
Originally Posted by RoyB View Post
I figured the contract was a good enough receipt. Otherwise I ALWAYs get one.

I got tax audited last year. I had to go back TWO YEARS! that is stuff from 2009 and 2008. I always did my own taxs so I never really did "that" great a job on telling the truth. Well, now I had to prove my work expenses, charitable contributions, work miles, etc etc. Luckily I had it all and usually just guesstimated at the figures. After 4 hours of auditing they only got about $700 in errors, 300 being turbo taxs fault. It resulted in me paying $46 bucks to the feds lol. I actually found out I had not claimed enough in some departments like tools once I actually added up all the receipts I kept.

Yeah...my CPA is a fucking badass and only charges me $60 a year to do my taxes. I pay and usually tip her. Fatass returns and all my ducks are in a row.
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