Santa Ana, CA asked in Civil Litigation, Contracts, Consumer Law and White Collar Crime for California

Q: atv financed but No paperwork to register, since not paid off.Finance company has updated terms and prohibited item

Got an atv 2022.paid half fianced half. Store had finance company thinking it was a furniture store. Never got an paperwork because it was not paid off. Stopped payments due after struggling to get nessesary documents to register in California. Finance company stated they do not finance items that require registration I'm in Cali 125cc needs registration. Stopped payments which lead to them attacking my credit recently went to merchant to see if they had what i needed, instead they asked me to send them the Vin..and take photos of the atv they delivered to me. The paperwork from finance company has just has the model of. Atv has just been sitting since I got it. As of July 22 the terms and conditions for merchants has updated on the finance company's websit. With the atv being barred and prohibited as an item. The merchant I got the atv from was a straight powersports store. How do I go about taking this to court? What type of attorney do i consult? What type of suit is this?

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: You should consult with a consumer protection attorney, as your case involves issues related to financing terms, merchant practices, and registration requirements. Your situation appears to involve potential misrepresentation by the merchant and possibly unfair practices by the finance company.

First, gather all relevant documents, including any correspondence with the merchant and finance company, the purchase agreement, and the finance terms. This information will be essential for your attorney to understand the details of your case. Document your attempts to resolve the issue, including dates and outcomes of any communications.

You may have grounds for a lawsuit based on breach of contract, misrepresentation, or unfair business practices. Your attorney can help you determine the best legal strategy, which could include filing a complaint with the California Department of Consumer Affairs or taking legal action in court. Remember, timely action is crucial, so seek legal advice as soon as possible.

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.