- Report: #1354853
Complaint Review: RACEWAY FORD - RIVERSIDE California
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RACEWAY FORD
5900 Sycamore Canyon Blvd. RIVERSIDE, 92507 California, USA
Phone:
(800) 286-9861
Web:
www.racewayford.com/
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RACEWAY FORD Fraudulant court claim RIVERSIDE California
I purchased a new 2002 Ford Excursion from Raceway Ford. Soon after the alternator went out, they replaced it under warranty then turbo went bad and had to have them replace that faulty part. A few months later the wiring harness was bad (according to their mechanics) and I they had it in their shop for 4 weeks to fix this and they gave me a loaner car to use while it was in their shop. When they originally gave me and my wife the loaner vehicle they said it was at no cost, when two weeks go by and our vehicle was not fixed yet I was pretty upset due to being led to believe it would be done by then. Well, after 4+ weeks they finally finished the work and I dropped off the loaner car and picked up our vehicle, they never told me I was going to have to pay for the loaner car (why would I have to pay for it anyway). All this was in 2002-2003, last week I recieved a earnings withholding order from Riv. Sherrifs office which says I owe Raceway Ford $7,131.70 for the loaner vehicle I had been given to use by them at no cost. Not only did I never know I was being sued, this was 14 years ago! Raceway Ford is wrong in so many ways to do this....what am I supposed to do, get an attorney and fight it....I doubt I can even do that now that is a garnishment from my payroll (25% of each net pay). KARMA is a b****!!
1 Updates & Rebuttals
Robert
Irvine,California,
USA
Here is what you can try
#2Consumer Comment
Thu, February 09, 2017
First off you do need to take care of this or you will have your wages garnished.
Now, you do not need an attorney...or at least not yet. I am also not an attorney and giving you very general advice as to one thing you can try.
I'm going to ignore the actual claim, and deal with the lawsuit first. It sounds just based on what you described you may have been subject to what is commonly known as "Sewer Service". That is you were "served" for the lawsuit at a place they knew you would not be and therfore would never show up. This is a tactict that is somtimes used by less than reputable collection agencies.
So you need to look at the court that issued the garnishment. There should be the case number and location of the original suit. If you go to the Clerk of the Court and have them pull up the original case you can ask for what is known as the "Proof of Service". This is a document that the complaintant uses to show they did serve you with the case.
If you can prove that was false or otherwise fradulent, such as it is at a place you never lived at, it describes a person they gave it to or a location that you know you would never have been. You could go to the courts and have this judgement(and therefore the garnishment) vacated. Which would stop the garnishment. It would then depends on the court if they allow them to refile or require them to provide more proof in order to go after you again.
You may also be able to get this handled by using the Statute of Limitations. If you can get the judgement vacated you may be able to get any possible action ended by showing they originally sued you after the SOL expired. The maximum SOL in CA is 4 years for debts and contracts. So if they filed the initial suit after 2007 based on what you wrote the initial suit may have even been invalid.
I would also suggest you find a local Legal Aid society who may be able to give you free or reduced cost advice.
