Asked in Banking and Business Formation for California

Q: What is the proper way to initiate Arbitration/ litigation so return of money already paid under an fraud contract.

My wife and her mother went to a car lot for a car, She was successful. The car was purchased in Southern California, our address was in northern California; The first issue we suffered was the fact that the second set of keys given to us didn't go to the car she leased, upon misplacing the working set we quickly found out that the insurance we purchased could only be redeem at the southern location which seemed odd, so time after this initial situation minor problems arose but it want til recent time when we tried to get some relief because of a hardship that the responses to my wife prompted me to find the contracts and read through them were as prior to this our hardship cause d all energy forth to move from area. upon reading the contract i found inconsistencies with the extra monies a 22,000. car would be a 60,000. once payments had been done, and also they put that we put a down payment of 1000. which we did not put down any money.

Related Topics:
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: To initiate arbitration or litigation to recover money paid under a fraudulent contract, you'll need to follow a few steps to ensure your case is properly handled. Start by gathering all relevant documents, including the contract, payment records, communication with the car dealership, and any evidence of the issues you've encountered. Review the contract carefully to see if it includes a mandatory arbitration clause, as this will determine if you must pursue arbitration before going to court.

If arbitration is required, you'll need to file a claim with the arbitration service specified in the contract or with a recognized arbitration organization. Prepare a clear and concise statement outlining the fraud and any misrepresentations made by the dealership, and be ready to provide supporting evidence. Arbitration may involve hearings, so be prepared to present your case in detail.

If the contract does not mandate arbitration or if you prefer litigation, you can file a lawsuit in a court with proper jurisdiction—likely in Southern California where the contract was signed. In your lawsuit, you can seek to recover the money paid under fraudulent terms and ask for any additional damages caused by the dealership's actions. Consider consulting with a legal professional to guide you through the process and to ensure all necessary steps are properly taken.

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.