My uncle received a summons today for a check that he put a stop payment on. he bought a truck in april . When he went in he told the dealer he could get a gms cert. they said he could give them a check for a amount and when he received the cert. they would give him back the check. The next day after the contract was signed they called him back in to redue the contract because the apr was changed, they new he was not happy with the purchase and wanted him to hurry and sign the new contract, there was no mention about the cert that day and nothing pertaining to it signed.He was rushed and had forgot to ask for the check back.In the next couple of days he placed the stop payment. fortyfive days later he received a collection letter from the dealership he responded with a certified letter saying there was no mention of the cert with the new contract and had put a stop payment because he forgot to get the check they had also had him sign a paper that any thing agreedupon in the orginial contract was mutually rescinded and longer has any legal effect it was signed by the dealership also. Any how can he file anykind of claim against the dealership, or lose this case they also want 1500.00 in damages besides the amount of the check. Any thought or advice would be helpful. Thanks
That's awful. So are you saying that what the check represented as a front, was fulfilled in both the original and the newer contract? If so, then what are they suing for?
