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.
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.
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