Q: Is a demand letter written by an attorney on behalf of their client considered the same as if the client had written
the same demand letter themselves? This has to do with CA VC 5753 (e) pertaining to trebling the damages. My story: it took 8 months for me to receive the registration and title when I paid cash for a truck at a used CA dealership. There was still a lien on the truck and the dealer did not forward the entire amount of payment to transfer/title I gave him( when I bought it ) on to DMV. so DMV wouldn't transfer . I was never notified in writing by the dealer of what he was doing to get this taken care of...because he wasn't doing anything! DMV investigations got on him (I filed a complaint) and after that things started finally happening. CVC 5753 is applicable in my situation, correct? An attorney I had hired sent the used auto dealer a demand letter on my behalf demanding payment of the 2500, and now it is over one year since that letter and he did not pay me the 2500, so I am assuming the damages will be trebled to 7500 and he would pay my attorney fees and costs. Am I correct ?
A: My question to you is, Did you demand in writing that the certificate of ownership be delivered to you? Since you have researched some law on this subject, take a gander at CA Veh Code Section 5753(b). If the dealer submitted the "appropriate documents and fees to the department for transfer of registration", he satisfies the code requirements unless you sent him a demand in writing for the documents. Your attorney (and yes, he stands in your shoes) wrote a letter demanding payment, but does that satisfy the requirement for a demand for delivery of the documents? Read his letter. Ask him. If the answer is yes then the answer to your question is, Yes. I suggest you write the dealer, demanding the documents and the money, and stating that if you do not receive satisfaction with 15 days, a suit will be filed. If he does not comply, get yourself an attorney and sue!
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