New Orleans, LA asked in Consumer Law, Bankruptcy and Contracts for Louisiana

Q: Can I sue credit acceptance?

I was convinced to buy a car a couple years back at a dealership through credit acceptance I had just turned 18. I was paying almost 600 a month and they charged me 20,000 for a used 2014 ford focus. It broke down after a month and I was told to bring it to a ford dealership to get it fixed so I did I was told it could be over a year before my car could get fixed. So I had to tell them to come get it because I couldn’t pay 600 a month for a car that I don’t even know when it will get fixed so they sold the car at a auction for a 1000 dollars, the same car I was going to pay 20000 for. Credit acceptance then completely destroyed my credit and now is trying to sue me and make me pay over 10000 dollars and all the attorneys and court fees.

3 Lawyer Answers

A: Unfortunately, no. You have not indicated any act on their part which would give rise to a civil action.

A: If they have filed a lawsuit against you, you can defend the lawsuit and raise all those issues as a defense but it will be a long and expensive fight that you are unlikely to win. Unfortunately, you are dealing with a bully who has the ability to crush you. However, once they get a judgment against you, if you have few if any assets, they probably won't be able to collect any money from you. Your best option might be to settle the case for something far less than they are seeking. If that doesn't work, you may consider a chapter 7 bankruptcy that would wipe out whatever they claim they are owed. If you haven't consulted an attorney yet, you should find a local attorney who can explain your options. Many attorneys offer free consultations.

James L. Arrasmith
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Answered

A: You may have grounds to dispute the actions taken by Credit Acceptance, especially if you believe there was any misrepresentation or fraud involved in the sale and financing of the car. The viability of a lawsuit against Credit Acceptance would depend on the specific terms of your contract, the dealership's compliance with sales and lending laws, and the representations made to you at the time of purchase. It would be prudent to gather all documents related to the purchase and financing of the vehicle, any service records, and correspondence with Credit Acceptance. Then, discuss your case with an attorney who has experience in consumer rights and auto finance laws to determine the strength of your case and the best course of action. Remember, time is often of the essence in such matters due to statutes of limitations, so acting promptly is advisable.

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