I am being sued....HELP!
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Registered User
Joined: Feb 2002
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From: The Beach
I think a lot has been lost in the keyboard:
I did pay for MD taxes (I have the paperwork to prove it)
I bought the car in VA
The dealer, I assume, is saying that the amount I paid was not enough. But instead of calling me, e-mailing me or sending me a message, I HAVE to go to court.
SO I am frustrated that I have to drive 6 hours for their mistake and possible get a hotel and not to mention the amount of gas I am wasting....
SO I am asking what kind of defense I should try to take. One in which I pay the taxes but they for my commute to court......It is not like I was or am trying NOT to pay taxes. Heck if they sent me letter I would have gladly paid!!!
You'd laugh if I told you the amount they want.
I did pay for MD taxes (I have the paperwork to prove it)
I bought the car in VA
The dealer, I assume, is saying that the amount I paid was not enough. But instead of calling me, e-mailing me or sending me a message, I HAVE to go to court.
SO I am frustrated that I have to drive 6 hours for their mistake and possible get a hotel and not to mention the amount of gas I am wasting....
SO I am asking what kind of defense I should try to take. One in which I pay the taxes but they for my commute to court......It is not like I was or am trying NOT to pay taxes. Heck if they sent me letter I would have gladly paid!!!
You'd laugh if I told you the amount they want.
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Joined: Oct 2000
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From: Napa
Seems to me that you have a contract, you paid what the contract said, and if the dealer didn't collect enough tax, then the dealer is stuck for it. First make sure this summons is for real. Call the court and determine so, and get the number from the phone book or information, not on the paper you recieved.
If you did not represent where you live, or where the car was to be registered, in my non-legal opinion, you don't have to pay a thing. If you have to go to court, take your contract, proof of payment (loan document or whatever) and present your case to the judge. And if you win, ask the judge to award you costs. (if the $ amount is significant, you might want to hire a lwayer)
Maybe the DMV can also tell you if you paid the proper amount, and what the rules are about collecting the tax. Keep us informed.
If you did not represent where you live, or where the car was to be registered, in my non-legal opinion, you don't have to pay a thing. If you have to go to court, take your contract, proof of payment (loan document or whatever) and present your case to the judge. And if you win, ask the judge to award you costs. (if the $ amount is significant, you might want to hire a lwayer)
Maybe the DMV can also tell you if you paid the proper amount, and what the rules are about collecting the tax. Keep us informed.
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From: SJC
Originally Posted by Morris,Jan 23 2006, 11:27 AM
Seems to me that you have a contract, you paid what the contract said, and if the dealer didn't collect enough tax, then the dealer is stuck for it. First make sure this summons is for real. Call the court and determine so, and get the number from the phone book or information, not on the paper you recieved.
If you did not represent where you live, or where the car was to be registered, in my non-legal opinion, you don't have to pay a thing. If you have to go to court, take your contract, proof of payment (loan document or whatever) and present your case to the judge. And if you win, ask the judge to award you costs. (if the $ amount is significant, you might want to hire a lwayer)
Maybe the DMV can also tell you if you paid the proper amount, and what the rules are about collecting the tax. Keep us informed.
If you did not represent where you live, or where the car was to be registered, in my non-legal opinion, you don't have to pay a thing. If you have to go to court, take your contract, proof of payment (loan document or whatever) and present your case to the judge. And if you win, ask the judge to award you costs. (if the $ amount is significant, you might want to hire a lwayer)
Maybe the DMV can also tell you if you paid the proper amount, and what the rules are about collecting the tax. Keep us informed.
That nice long bill of sale is all the contract both parties agreed to. That's your starting point. Oh yeah, contact a real lawyer if you haven't done already (better that you have a lawyer's bill than a bill from that pack of
ies at the dealership).This reeks of slimey dealer shenanigans.
Joined: Mar 2002
Posts: 251
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From: Covington, LA
Just a few comments.
1) Request a change of venue (i.e. request that the court hearing be held in MD rather than in VA). Make them and their lawyer travel and incur the majority of the expenses and time. This cost might prompt them to drop the case.
2) In my state, a summons has to be hand delivered to be valid, not mailed. How did you receive yours?
3) Write a letter to the editor of the dealer's local newspaper telling your story and/or contact your local TV station. Many of them have a "little guy against corporations" news group that eats this kind of story alive.
4) If you still own money on the car (to the bank), they should also have to be in court, since they are owners and responsible for the car (and they are likely also listed on the title). Call them and let them know "they" are being sued.
5) File a complaint with the BBB for unethical practices by the dealer.
6) Call the 1-800- number for the manufacturer (i.e. Honda, GM, etc.) in the back of the owner's manual and complain of unethical business practices by the dealer.
I worked at a dealer in the past and they do not like getting phone calls from the BBB and the manufacturer about shady dealings with the customer.
If for some reason you go the court and you lose, ask S2k Members to each pitch in $1 so you can take out a full page ad in the dealer's local newspaper telling your side of the story. I'm sure enough people would put up $1 to make this happen.
Good luck and don't panic.
1) Request a change of venue (i.e. request that the court hearing be held in MD rather than in VA). Make them and their lawyer travel and incur the majority of the expenses and time. This cost might prompt them to drop the case.
2) In my state, a summons has to be hand delivered to be valid, not mailed. How did you receive yours?
3) Write a letter to the editor of the dealer's local newspaper telling your story and/or contact your local TV station. Many of them have a "little guy against corporations" news group that eats this kind of story alive.
4) If you still own money on the car (to the bank), they should also have to be in court, since they are owners and responsible for the car (and they are likely also listed on the title). Call them and let them know "they" are being sued.
5) File a complaint with the BBB for unethical practices by the dealer.
6) Call the 1-800- number for the manufacturer (i.e. Honda, GM, etc.) in the back of the owner's manual and complain of unethical business practices by the dealer.
I worked at a dealer in the past and they do not like getting phone calls from the BBB and the manufacturer about shady dealings with the customer.
If for some reason you go the court and you lose, ask S2k Members to each pitch in $1 so you can take out a full page ad in the dealer's local newspaper telling your side of the story. I'm sure enough people would put up $1 to make this happen.
Good luck and don't panic.
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Joined: Feb 2001
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From: Denver
As a retailer, I have a contract with the state of Colorado to collect taxes for them on anything I sell out of my retail store. They actually pay us to do this. I do not collect taxes for any other state. Car dealerships are the same way. You pay taxes on your vehicle purchase when you register the vehicle, if you purchased it out of state. At least that is how it works here. If I bought a car in VA, I certaily wouldn't expect them to collect CO taxes. When I go to the DMV, they hand me a big-ass bill that says "pay up sucka!"
At the very least, I would call the court and tell them you live out of state and simply want to pay the bill. Mention it would be a considerable hardship for you to travel to attend court, expecially with an 8:30 court time.
Honestly, the "warrant" sounds pretty fishy to me. I find it rather suspect that there is no contact info at all. Does it at least give you an address and courtroom number?
At the very least, I would call the court and tell them you live out of state and simply want to pay the bill. Mention it would be a considerable hardship for you to travel to attend court, expecially with an 8:30 court time.
Honestly, the "warrant" sounds pretty fishy to me. I find it rather suspect that there is no contact info at all. Does it at least give you an address and courtroom number?
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Joined: Apr 2003
Posts: 851
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From: Agoura Hills
Is this small claims. Did they send the summons certified of was it just a letter? Do they have proof that you recieved the court summons? If not, you never recieved it and we are not having this conversation.
Registered User
Joined: Apr 2001
Posts: 8,601
Likes: 1
From: La Habra
Kind of silly that they didn't just contact you direct. I'm no lawyer but IIRC those sales contract boilerplates have lingo in there that makes the buyer responsible for any fees that are incorrectly estimated by the dealer.
Same thing goes on trade-ins. If you owe more or less you end up paying more or getting a refund check.
Same thing goes on trade-ins. If you owe more or less you end up paying more or getting a refund check.
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Joined: Jan 2006
Posts: 539
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From: Washington.
Originally Posted by Greenlight,Jan 23 2006, 12:18 PM
Just a few comments.
1) Request a change of venue (i.e. request that the court hearing be held in MD rather than in VA). Make them and their lawyer travel and incur the majority of the expenses and time. This cost might prompt them to drop the case.
2) In my state, a summons has to be hand delivered to be valid, not mailed. How did you receive yours?
3) Write a letter to the editor of the dealer's local newspaper telling your story and/or contact your local TV station. Many of them have a "little guy against corporations" news group that eats this kind of story alive.
4) If you still own money on the car (to the bank), they should also have to be in court, since they are owners and responsible for the car (and they are likely also listed on the title). Call them and let them know "they" are being sued.
5) File a complaint with the BBB for unethical practices by the dealer.
6) Call the 1-800- number for the manufacturer (i.e. Honda, GM, etc.) in the back of the owner's manual and complain of unethical business practices by the dealer.
I worked at a dealer in the past and they do not like getting phone calls from the BBB and the manufacturer about shady dealings with the customer.
If for some reason you go the court and you lose, ask S2k Members to each pitch in $1 so you can take out a full page ad in the dealer's local newspaper telling your side of the story. I'm sure enough people would put up $1 to make this happen.
Good luck and don't panic.
1) Request a change of venue (i.e. request that the court hearing be held in MD rather than in VA). Make them and their lawyer travel and incur the majority of the expenses and time. This cost might prompt them to drop the case.
2) In my state, a summons has to be hand delivered to be valid, not mailed. How did you receive yours?
3) Write a letter to the editor of the dealer's local newspaper telling your story and/or contact your local TV station. Many of them have a "little guy against corporations" news group that eats this kind of story alive.
4) If you still own money on the car (to the bank), they should also have to be in court, since they are owners and responsible for the car (and they are likely also listed on the title). Call them and let them know "they" are being sued.
5) File a complaint with the BBB for unethical practices by the dealer.
6) Call the 1-800- number for the manufacturer (i.e. Honda, GM, etc.) in the back of the owner's manual and complain of unethical business practices by the dealer.
I worked at a dealer in the past and they do not like getting phone calls from the BBB and the manufacturer about shady dealings with the customer.
If for some reason you go the court and you lose, ask S2k Members to each pitch in $1 so you can take out a full page ad in the dealer's local newspaper telling your side of the story. I'm sure enough people would put up $1 to make this happen.
Good luck and don't panic.
Joined: Feb 2005
Posts: 42,116
Likes: 31
From: Over the Electric Grapevine.....man
Originally Posted by My R2,Jan 23 2006, 11:30 AM
I did pay the taxes for MD (I have the paperwork) they are saying it was more than they thought, I guess, and I did not pay enough...
I would have paid if they had contacted me but the FIRST I heard of this is through this court date summons where I have to appear. I figure if I have to appear I am going fight this regardless....right?!?
I would have paid if they had contacted me but the FIRST I heard of this is through this court date summons where I have to appear. I figure if I have to appear I am going fight this regardless....right?!?
they shouldn't be charging you for their F up. for the dealer i work for in pa to do all the title work for a md car (tax/title/everything) for 2 yrs is $226 read the fine print dude and talk to a lawyer. you should not be getting sued for this, unless you haven't told us all the info.