Small calim - who is the defendant ?

[boygomez]

Jurisdiction

California

Hello,
I would like to fill a small claim court in Los Angeles. But I don't know who is the defendant.

I signed a new lease agreement with BMW dealership. The dealership was supposed to be responsible for the remaining balance of my previous car with BMW Financial Services. I received letters from BMW Financial Services asking for the remaining balance that BMW dealership was supposed to pay. The dealership confirmed that they paid but without showing me proof. After they stopped to reply to me.

BMW Financial Services finally reported the remaining balance to my Credit Score and sent me to collection.

Who should I sue ?

Thank you.
Best.

 

[army judge]

Hello,
I would like to fill a small claim court in Los Angeles. But I don't know who is the defendant.

If YOU bring a lawsuit, you are the plaintiff.

The person you desire to sue is the defendant!

I suggest you consider resolving the matter without going to court.

You might consider writing a letter explaining your position, offering your desired solution to the "head honcho" at BOTH the dealership abd the lender.

 

[adjusterjack]

The dealership was supposed to be responsible for the remaining balance of my previous car with BMW Financial Services.

Does it say that in your contract?

 

[zddoodah]

I signed a new lease agreement with BMW dealership.

I doubt very much that the agreement is with the dealership. Rather, I expect you signed the agreement at the dealership but that the agreement is between you and whatever entity BMW uses for leasing.

The dealership was supposed to be responsible for the remaining balance of my previous car with BMW Financial Services.

So...there's a signed, written contract that obligates the dealership to pay off your existing vehicle loan?

I received letters from BMW Financial Services asking for the remaining balance that BMW dealership was supposed to pay. The dealership confirmed that they paid but without showing me proof. After they stopped to reply to me.

Why not walk into the general manager's office and ask for whatever "proof" you want?

Who should I sue ?

You need to figure out who's telling you the truth here. If there's a contract with the dealer and the dealer paid in accordance with that agreement, then you have nothing for which to sue the dealer. On the other hand, if the dealer didn't pay, then you have nothing for which to sue the lender on your prior loan.