Car lot keeping records

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Car lot keeping records

I had a leased car through a car manufacturer that the dealership allowed me to return the car last year. When I returned the vehicle it had no damage and was fine. However 3 months ago, I received a call from the manufacturer claiming that I owe $400 for a dent and a damaged door on the right side. I called the dealership and they said that the manufacturer can do inspections and claim wear and tear if I didn’t return my vehicle with damages. When I asked the dealership to look up my records they told me hat it would take time and they would call back. It has been over a month and the manufacturer is claiming to get a collector on me but the dealership won’t tell me anything about my records for the car.

Asked on September 26, 2018 under Accident Law, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The only way to get those records is during a lawsuit (either you against them, or them or the financing company against you), you use the mechanisms of "discovery" (written interrogatories/questions and document production requests to another party in the lawsuit; a subpoena to a non-party with relevant information or documentation). Unfortunately, only in the course of a lawsuit do you have access to legal devices to compel the release of the records. So if there is litigation, you can get this; otherwise, you cannot.


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