Filing in small claims court?

[Idaho45guy]

I bought a new Ram pickup on 4/18/2015 from a dealer named Kendall Dodge in Lewiston, ID. As part of the purchase, I purchased an extended warranty for ten years and 100k miles. Cost was $3500. I also purchased GAP insurance for $795 at their insistence due to my poor credit back then.

A few months later, I came into some money and paid off the truck that was financed through my credit union. I asked them about the GAP insurance and they said it was not through them. I forgot about it.

I traded that pickup in a month ago with 49k miles on it and almost exactly three years later. The finance lady at the dealership I traded it in on said I was owed a substantial amount of the extended warranty and gave me instructions to go to the dealer in person and with the forms she gave me.

I did. Kendall Dodge in Lewiston, ID was bought out by the Roger's Motors group. They gave me the number of a young lady who worked for Kendall Auto Group based in Eugene, OR to call to process my warranty refund. Her name is Kareena Colombe.

I called her on April 20th and she cheerfully took down my information and sent me an email with the forms I needed to fill out.

I filled them out and faxed AND emailed her copies of the forms and all paperwork required. That was 2-3 weeks ago. I have since attempted to call her twice, once on May 2nd, and again today and left voice messages asking her to please confirm that my paperwork was received and that it was being processed. No response. I sent an email a couple of days ago and have received no response. I just now called the headquarters of Kendall Auto Group and no one answered. I left a voicemail advising them of my issue and to please respond or else I would pursue legal action.

I live in Washington, the dealer was in Idaho, and is based in Eugene.

If I am forced to file a small claims court filing, what state can I file it in? Oregon says:

WHERE DO YOU FILE?
You must file your claim in the court for the county where either:
 At least one defendant lives or can be found at the time you file this claim OR
 The damage, claim, or injury occurred OR
 The defendant was supposed to perform an act under the contract (if your claim is based on
a contract).

So I'm not sure if I can file it locally or if I have to drive to Eugene and file it there. I'm sure there has to be a way to do everything via the internet and a process server. Driving 500 miles seems a bit ridiculous.

But it also sounds like I can file it in Lewiston, ID since that's where they were when they sold me the contract. Or, perhaps I can file it locally since this is where I live and they are not responding to my current attempt at a refund.

Never filed a claim before and not sure where to start.

[Der Gebirgsjager]

Disclaimer: Even though I did stay one night at a Holiday Inn Express, I am not a lawyer.

The rules you cited above seem to be for filing in Oregon. What are the Idaho rules? You may well be able to file there.

Just off hand, looking at the Oregon rules, I would say that number 3 is out, as you didn't have a claim against the insurance. I would also speculate that number 2 is out, as you have no claim, damage, or injury.

Your best bet, in Oregon, would be number 1, but you'll have to locate and verify the address of one of the principals in Kendall. Eugene is located in Lane County, but the person(s) you want to sue may live in a surrounding county. So don't just blindly assume that Lane is the proper county to file in, because he/she/they live in (example) Linn County, you'd just waste your time.

Best wishes in your pursuit of equity.

DG

[skeettx]

Are you talking about this place?
https://www.google.com/search?q=Roge...,lf:1,lf_ui:10

With this phone number?
(208) 298-9618

I called that number and they answered and I asked them what time they closed today and they gave me the times for sales, service closings ??

[Freightman]

can you say BR549 sorry just had to say it.

[skeettx]

Frank, did you get moved yet??

[Idaho45guy]

Are you talking about this place?
https://www.google.com/search?q=Roge...,lf:1,lf_ui:10

With this phone number?
(208) 298-9618

I called that number and they answered and I asked them what time they closed today and they gave me the times for sales, service closings ??

That's the NEW dealer that bought out the old place. They have nothing to do with this other than now owning the building.

[Idaho45guy]

I would also speculate that number 2 is out, as you have no claim, damage, or injury.

Yes I do. The claim is that they owe me the refunded portion of my warranty and the damage is the $3,000 that I am owed.

Here is a link to the definition of legal terms for those who are confused: http://www.uscourts.gov/glossary

Claim - A creditor's assertion of a right to payment from a debtor or the debtor's property.

Damages - Money that a defendant pays a plaintiff in a civil case if the plaintiff has won. Damages may be compensatory (for loss or injury) or punitive (to punish and deter future misconduct).

[xs11jack]

Go to the County Court house and ask the people in the Clerk of Court office what the procedure is.
Ole Jack

[Der Gebirgsjager]

Like I said, I think your best recourse will be in the state/county where the original contract was made.

Have you contacted the people you did the original deal with and demanded payment? Your first post makes it sound like you talked with an employee, maybe a receptionist, and have filled out and mailed in papers, but have no proof of receipt. Until you have been refused by someone with the authority to issue a refund, you have no damages. They have to be made aware "on the record" that the situation exists, the demand has to be made, and a refusal has to occur. A claim must be presented properly to be a claim. Hey...don't get huffy. I'm trying to help you, but you'll need to make a little effort to nail this down if you wish to succeed. Next time you send legal papers send them signature required, return receipt. Don't put your return address on the outer envelope so they recognize you and refuse acceptance. For that much money it might be worth a trip to Eugene, an overnight stay in a motel, track them down, and deal with them personally.

But, I'd still try your state first.

DG

[MaryB]

Usually you can file in your jurisdiction and that forces them to travel to you to settle the case. That is incentive for many to pay it off instead of having to travel for 2 days or more.

I bought a ham radio from a dealer in MI and when I got it the radio was NOT the one he had in the picture. It was a piece of beat up broken garbage. I called wanting my money back, he told me to go do something anatomically impossible... so I filed in court for the cost of the radio plus damages for wasting my time. He was a no show, I got a judgement against him for the radio plus $400.

He refused to pay so I had a lawyer garnish his bank account and he had to pay the fees for that also. Ended up costing him close to $5k over refunding $1,200 and sending a return shipping label for the radio. He went out of business right after. I posted a very negative review on the ham radio ad site he advertised it on.

[JimB..]

Not a lawyer, but I suspect that your issue is with the insurance company and not the dealership. The dealership sells the insurance, but I don’t believe that they underwrite it. Contact the insurance company directly with your policy number and ask how you get your policy refund. If they aren’t responsive you can complain to the insurance board in your state.

[Idaho45guy]

Hey...don't get huffy. I'm trying to help you, but you'll need to make a little effort to nail this down if you wish to succeed. Next time you send legal papers send them signature required, return receipt. Don't put your return address on the outer envelope so they recognize you and refuse acceptance. For that much money it might be worth a trip to Eugene, an overnight stay in a motel, track them down, and deal with them personally.

But, I'd still try your state first.

DG

Not getting huffy, I just got the impression that you weren't familiar with legal terms or processes based on the things you wrote and was trying to educate you.

[Idaho45guy]

Not a lawyer, but I suspect that your issue is with the insurance company and not the dealership. The dealership sells the insurance, but I don’t believe that they underwrite it. Contact the insurance company directly with your policy number and ask how you get your policy refund. If they aren’t responsive you can complain to the insurance board in your state.

That's not what my research has found...

http://tools.automotive.com/new-cars...-warranty.html

To cancel, you will probably have to fill out a cancellation form with the dealership or manufacturer behind the warranty. Even if you purchased a warranty from a third party company, the warranty may actually be backed by a dealer and your cancellation request will have to go through them.

http://www.insidercarsecrets.com/war...-question.html

If these products were purchased through a car dealer then the dealer is also required to refund a portion of the profit they earned on the transaction.

So, the total refund you receive will be a combination of money from both the car dealer and the warranty or insurance company.

You'll get it all in one check usually from the car dealer. The warranty company or insurance company will usually send their portion of the refund to the car dealer, then the dealer will issue a check for the total refund which will include their portion as well.

[BrassMagnet]

That's not what my research has found...

http://tools.automotive.com/new-cars...-warranty.html

To cancel, you will probably have to fill out a cancellation form with the dealership or manufacturer behind the warranty. Even if you purchased a warranty from a third party company, the warranty may actually be backed by a dealer and your cancellation request will have to go through them.

http://www.insidercarsecrets.com/war...-question.html

If these products were purchased through a car dealer then the dealer is also required to refund a portion of the profit they earned on the transaction.

So, the total refund you receive will be a combination of money from both the car dealer and the warranty or insurance company.

You'll get it all in one check usually from the car dealer. The warranty company or insurance company will usually send their portion of the refund to the car dealer, then the dealer will issue a check for the total refund which will include their portion as well.

WOW!!!
I thought this thread was B.S. and a waste of time, but I was bored and I read it anyway!
I thought for sure once you signed one of these predatory contracts and the money was paid you were finished.
Great thread. Great links. I suspect this thread will save members a lot of money.
Well done!!!
Keep up the good work!!!

[Der Gebirgsjager]

Fair enough. Over the many years I've had to pursue 3 small claims actions and won them all, but none were in Oregon. I wish you well. DG

[Idaho45guy]

I dug out the original contract for the warranty and read the fine print. The warranty company is also based in Oregon, but in Springfield.

Their contract stipulates that if my refund is not issued back to me within thirty days of my returning of the documents to the dealer or them, then they owe me an additional 10% penalty of the amount owed. That is only in the state of Washington.

Funny that the form I filled out and returned to the dealer stipulated to allow 45 days for payment.

I also found out that there are companies out there that will go after the warranty companies and get money back for you for a 30% cut of what is owed you. You have to have sold the vehicle within six years and have purchased an extended warranty.

[JimB..]

That's not what my research has found...

http://tools.automotive.com/new-cars...-warranty.html

To cancel, you will probably have to fill out a cancellation form with the dealership or manufacturer behind the warranty. Even if you purchased a warranty from a third party company, the warranty may actually be backed by a dealer and your cancellation request will have to go through them.

http://www.insidercarsecrets.com/war...-question.html

If these products were purchased through a car dealer then the dealer is also required to refund a portion of the profit they earned on the transaction.

So, the total refund you receive will be a combination of money from both the car dealer and the warranty or insurance company.

You'll get it all in one check usually from the car dealer. The warranty company or insurance company will usually send their portion of the refund to the car dealer, then the dealer will issue a check for the total refund which will include their portion as well.

What a mess, and hardly any help if the dealership is gone. You said that there is a new dealership in that spot, but how do you know if they acquired the liabilities of the old dealership? I guess the messier it is the more money they get to keep.

[Geezer in NH]

Hate to say lawyer time