Friday, May 18, 2018

I made a bond claim on a car dealer… why am I getting sued?

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. 

No comments:

Post a Comment