Fairfield, CA asked in Consumer Law and Bankruptcy for California

Q: I have a question regarding a judgement against a dealership

I bought a car off the lot and the car dealership failed to give me my title and proper registration. Fast forward I took them to court and they appealed it I won't the appeal car not eligible in the state of California title I'm Indiana we tried multiple times to get the title with a DMV investigator, fast forward I won the appeal they was ordered to pay me back all my money and I immediately return car they failed to do that by saying in bankrupt and car got towed, in September served them with a order of Examination they failed to come to court judge did a new court date and they had a failure to appear. Who is still responsible in this matter or who is responsible in this matter?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Bankruptcy Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, if a court has ordered the dealership to refund your money and they have declared bankruptcy, the responsibility may shift depending on the type of bankruptcy filed. If they filed for Chapter 7 bankruptcy, their assets are liquidated to pay off creditors, which might include you. In case of a Chapter 11 bankruptcy, the dealership may reorganize its debts, and you might still be able to recover your money. Since they failed to appear for the order of examination, you may request the court to take further action, such as issuing a bench warrant or imposing fines. It's important to keep track of the bankruptcy proceedings, as your claim against the dealership may be impacted. You might also explore if any consumer protection laws in California provide additional recourse in such situations. In complex situations like these, seeking legal advice can help navigate the specifics of your case. Remember, the legal process can be lengthy and outcomes can vary based on many factors.

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