If you have just been served papers (summons and complaint)
from a car dealer’s bond, you’re probably already aware that Oregon car dealers
are required by law to carry a bond. When a person is a victim of a car dealer’s
fraudulent representations, he/she can make a claim on the dealer’s bond. If
the bond receives multiple claims that exceed the amount of the bond, the bond
company will initiate an action with the court and present the entire bond amount
for the claimants to work out among themselves. That action is called an
“interpleader”.
If the Complaint you have been served says “Interpleader” on
it, you are likely named as a possible claimant to the bond and probably not
being accused of doing something wrong. In Oregon, you must file an answer with the court
within 30 days of receiving the Summons and Complaint to stake your claim to
the bond. If you fail to file your answer on time, you may lose out on your claim to
the bond altogether. If you need assistance filing an answer, or if you just want to
discuss your options, you can contact Hanson and Walgenkim for a free consultation.
