El Dorado Hills, CA asked in Consumer Law and Collections for California

Q: Can a car dealership report a collection on your credit if is not your loan?

My fiance took out a car loan and when we went to pick up the truck, after already trading in our other vehicle, they changed the terms and asked for an additional $4k. I wrote a check from my personal checking account for the additional monies, but when we reviewed the paperwork, it was not in the contract itself. It seems the sales rep gave us a price that was too low and decided to try and fix the issue when we came to pick up the vehicle. I put a stop-payment on the check and told them we would not be giving them the money. They were not happy and said regardless, I wrote him a check which was a promise to pay that money. I know have a collection on my credit that has been there for almost 4 years and it's not even my loan! we paid the vehicle off early and there is no loan now, just this collection on BOTH of our credit reports. We have disputed multiple times to no avail. We need this off ASAP as we now need to restructure our mortgage.

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2 Lawyer Answers
Yelena Gurevich
Yelena Gurevich
Answered
  • Consumer Law Lawyer
  • Studio City, CA
  • Licensed in California

A: if you are asking whether a debt that is not yours can be reported on your credit, the answer is no.... but given the facts you listed it sounds a bit more complicated and you will need to call and speak to a lawyer to better evaluate your situation.

Scott Richard Kaufman
Scott Richard Kaufman
Answered
  • Consumer Law Lawyer
  • Los Altos, CA
  • Licensed in California

A: Car dealers generally will not finance the loan and frankly, if they do, which is rare, they will not make reports to credit reporting agencies as that opens up a whole ball of wax (liabilities) that they have no interest in, so, the answer is "no" they are not likely to do this.

Now, will they unlawfully report you to a "collection agency" to squeeze money from you wrongly? The answer to that

one may in fact be "yes" as any way to make a buck works for them...

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