Being Sued for Vehicle that was never delievered to me...

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puertorican22

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Ok I have a lawyer but I am trying to find other advice also. I really want to take this dealership down.

On 07/31/2007 my father signed a contract to purchase a vehicle from a dealership he worked for. Later, that day the other stated to my father that he could not have a second car with them so he contact me to sign a contract so he could have the car. The next day or I believe later but they dated the contract back to the day later. Anyway, I went down and signed a contract but while there the owner decided that it would be ok for my father to have a second car with them, therefore I was no longer needed for the deal and was told I would not be associated with the car EVER.

Just this following month I was notified that a collection company was coming after me for the cost of the car that remained that my father refused to pay cause the owner ripped my father off on commissions that were due to him.

I proceeded to call the collections and advised them that the contract that they had of mine was not valid as I had never received the car nor was my contract ever submitted to the DMV. I know because I pulled the vehicle history and everything is in my fathers name. Title would be released in his name only.

Howver, the collection agency still stated to our face that I signed a contract and they were still going after me. I have been served for court and I have a lawyer.

However, my lawyer believes that there is no personal injury to me so we won't get much out of the case.

This has ruined everything I had been working on for the last 2 years and have spent over 5k in doing so. I have been working on fixing my credit to buy a house. I was meeting with my credit union the day after I got notice of all this to get approved for my loan. This has damaged my credit for all 3 bureaus. It has cause tremendous stress on me and my family, it has taken time of mine to handle everything.

This is a vindictive act by the owner to get back at my father. They know I have nothing to do with the car as they have never called me for payment when it was late or said anything when I have come in before.

Is there really no personal injury?
 
"Personal injury" usually means injury to your physical or mental health. So I would say your attorney is correct. There is no personal injury here.

I would be more concerned about the damage to your credit. You might be able to sue for that. Unfortunately, as I understand it, these sorts of actions are difficult to win.

If you can show the judge that the lawsuit is indeed vindictive and had no prospect of success, you could be entitled to punitive costs against the owner or the collection agency. That strikes me as being your most likely remedy.
 
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