COUNT V Unconscionability of Arbitration Clause 1. The plaintiff reasserts the previous facts as if set forth at length herein. 2. All times hereinafter, the plaintiff signed at least two separate agreements with regard to the purchase of the vehicle. The first agreement, which was signed by the plaintiff, was…
Articles Posted in Car Dealership Complaints
Damage on Certified Used Cars
XXXXXXXXXXXXX Plaintiff Vs. XXXXXXXXXXXXXX XXXXXXXXXXXXXX Defendants. SUPERIOR COURT OF NEW JERSEY LAW DIVISION MONMOUTH COUNTY DOCKET No. CIVIL ACTION COMPLAINT AND DEMAND FOR JURY COUNT I 1. On December 15, 2006, the defendant, XXXXXX, and the defendant, XXXXXXXX, Olds, XXXXXXXXXXXX, were corporations licensed to do business in the State of…
Consumer Fraud Demand Letter
Many times, either before or even after litigation has started, there is a need to send a demand letter to either the other lawyer or the dealership. This is an example of a letter to a dealership that was written to try to resolve a case. Dear Mr. XXXXXX: The…
Demand for AAA arbitration
This is an example of a demand for AAA Arbitration DEMAND FOR ARBITRATION Plaintiff, XXXXXX, in March 2007, entered into a contract with XXXXXXX to acquire a 2002 Nissan Altima. The odometer disclosure does not disclose the amount of the miles. However, the buyer’s order indicates mileage at approximately 53,000…
More Consumer Fraud Questions
1. Please list the individual answering these interrogatories and all the investigations you have undertaken, all the documents you have reviewed and individuals you have spoken to prior to answering these interrogatories. 2. Please list each and every individual with whom the plaintiff spoke to or dealt with in the…
Jury Questions
LEMON LAW Did the plaintiff’s vehicle have a nonconformity? Was the nonconformity or nonconformities first reported to a dealer within the first two years or 18,000 miles of use after the date in which the plaintiff first took delivery of the vehicle, whichever period is shorter? Did Kia Motor America…
Consumer Fraud Questions
24. If this question is answered “it is too burdensome” please explain why it would be too burdensome. 25. Describe the online registration process. 26. If this is answered “not relevant” please explain why it is not relevant. 27. If this question is answered “it is too burdensome” please explain…
Consumer Complaints and Consumer Affairs
One part of the process of consumer litigation, which is called written discovery, is the exchanging of interrogatories. These are sent to narrow the issues and establish the claim made by the plaintiff. 1. Why did the defendant collect the following from the plaintiff?: a. Destination and delivery b. Used…
Class Action Complaint (part 4)
COUNT III Class Action CLASS ACTION WAIVER 1. Plaintiff reasserts the facts as set forth CLASS DEFINITION: All those consumers purchasing a car from the defendants in the past six years and signed class action waiver. 2. TIME PERIOD: At a minimum from the date of the transaction to…
Class Action Complaint (part 3)
COUNT II Class Action DESTINATION AND DELIVERY 1. Plaintiff reasserts the facts as set forth. CLASS DEFINITION: All those consumers purchasing a car from the defendants in the past six years and were charged destination and delivery fees. 2. TIME PERIOD: At a minimum from the date of the…