Woodbridge, NJ asked in Lemon Law for New Jersey

Q: If i won a civil suit against a car dealer, can the bank that financed the car request that i pay the balance

Related Topics:
1 Lawyer Answer
Jonathan Rudnick
PREMIUM
Jonathan Rudnick pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Yes they can since the bank was not a party to the lawsuit and your obligation to the bank is "mostly" independent of the conduct of the dealer. But there are some sets of facts where you could sue the bank based on the warrantied performance of the car. It is called the holder rule. There is language on the contract you signed the states that the bank stands in the shoes of the dealer for all claims against the dealer. The courts have put some limitations on this BUT it depends on the specific allegations against the dealer and/or the manufacturer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.