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  1. #1
    Join Date
    Aug 2006
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    7

    Default Sued by Dealership with forged signature in Florida

    Sorry about the long story guys

    This is Duval Acura in Jacksonville, Florida. Hopefully this thread will help someone in here dealing with anything similar now or in the future. Duval Acura has always treated me kinda funny. I have no clue why. Beats me....... could be my age, race, my ugly looks, or they just dont like me. Maybe I stink. I don't know, but they've always treated me like scum until I stopped using their services early this yr.

    I had an accident in June. June 19th to be precise. Ran over some metal rod on the highway that ripped 3 of my tires and messed up 2 rims when it split. Duval Acura was the closest dealership to the accident scene so that's where my vehicle got towed to unfortunately. I'd learnt better than to deal with Duval Acura a long time ago and under normal circumstances would have driven to Orange Park dealership about 20 miles further.

    I called my insurance and had to wait 2 days for them to inspect the vehicle before any work gets done on it. They showed up on the 21st and in my absence conducted their evaluation with the service rep. I was then contacted by the rep and told it was going to cost $2,400 to replace 2 rims and 3 tires on the vehicle. I thought this was an outrageous price to pay for factory wheels and tires so I opted to replace the whole set with some aftermarket 18" Motegi's which came up to $1,800 before taxes. I specificaly asked what was included in the $1800 quote and was told by the service rep and the parts store rep TOGETHER that it included labor, balance, rotation and installation. Then I was also given a C.O.D bill reflecting said price. My insurance deductible is $1000, but given the price drop from factory wheels to the after-market wheels, I would only have to tender roughly $500 to supplement insurance check of $1400.


    To cut the long story short, I was told 3 days later on the 24th that my vehicle was ready for pickup. I showed up, tendered $500 and was given my vehicle along with a reciept stamped "PAID Jun 24, 2006" nad scribbled on "Balance due from Insurance company". 2 days later I recieved the check made out jointly to Duval Acura and I. I immediately went to the dealership and paid the check in. On my way out, the service rep stopped me and told me we were'nt done yet. He had another document for me. He got on the computer and commenced to make up another bill from scratch, while fiddling around on his calculator I asked him what he was doing and he told me I still had another bill to pay which came up to $440 supposedly for labor. I refused to take it. I was dumbfounded. How do u make up a bill after the fact? After working on the vehicle and getting paid?

    The assistant manager was called and he commenced to talk to me like I'm some 3rd class retarded citizen. All along, I'm the one being civil. He then walked out on me while I was talking and left me with the rep. I spoke to the rep for a sec and told him it's getting late. I'll be back another day and we'll sort this out. I cant even pay u right now if I want to cos I havent been paid yet. He asked me to wait while he runs that by the asst mgr so I did. He came back and told me the manager said he should seize my vehicle. lmao.... My own vehicle? I laughed at this point and told him the key's in my pocket. He's free to seize it whenever he's ready. I'm a non-violent guy, but I'm no pushover either at 6"7, 250lbs. I was curious to see how they intended to seize my vehicle. Either way, I left because it started getting dark.

    Next day, I went to the Orange Park dealership(another Acura Dealership) and spoke to the manager over there seeking proffesional opinion on what I should do. He said I owed them nothing and shouldn't give them anything. Period. Made sense. Either way, I had to go to the dealership and sort it out so they dont fool around with my credit. I went there and tried to speak with the asst manager and he was being indignant once more. He threatened to call my insurance company and get me locked up for insurance fraud if I refuse to pay. I refused to and he got on the phone, called up my insurance company, and sure as the sky's blue, this guy reported a paying customer who bought a $36,000 car from them of commiting a felony- over $440. Insurance company told him off. Told him I didnt do anything wrong and I gave them the check I was issued so they have nothing to do with this. In either case, I was entitled to do whatever I pleased with my insurance check. The asst mgr got frustrated and referred me to the Manager.

    Now the manager too, tried to intimidate me by talking about calling the cops, stripping my vehicle of all 4 rims and tires and calling my insurance company to report fraud. Once again, in my presence, this guy called my insurance company. Another rep answered and he reported that I was commiting insurance fraud. At this point I got up and warned him about making such allegations, stating that it had batter be the last time he muttered those words to anybody concerning me or we'd sort it out in court. The lady then told him I hadn't commited any crime too. At this point he tries threatening to sue me and said I signed the document giving them permission to fix the vehicle for $2400 while pointing at a document. I asked him to show me the signature and he flipped to the page where it was supposed to be only to realise they never did give me any documents so my signature wasnt there. You'd think at this point these idiots would leave me alone.


    I got a subpoena for a later date to a small claims court and enclosed were their "evidence exhibits". My reciept had just been doctored. The stamped payment date had been adjusted and written over to reflect the 26th, instead of the 24th when I paid it. This was done so the bill could match with the second bill they gave me after the fact. This wasn't the end of it. Later on in court these guys tendered "evidence" to support their claim. They had my signature on a document giving them permission to fix my vehicle for $2400. Upon further inspection I realised "Oh sh*t! That is NOT my signature." It was FORGED! I challenged them on it right in front of the judge and they claimed it was my signature. I showed them other documents with my signature and they fessed up on it. They said it was my signature, that I had signed it the day when I paid for my vehicle. Ladies and gents, these guys extracted my digital signature from their signature database(I didnt know this until this incident but when you sign for a credit card payment on a digital keypad, your signature is saved in a database. This signature is as valid as a paper and ink signature and it's actually advised to avoid signing digital pads cos it's vulnerable to such forgery. Since it's in a digital form it can easily be manipulated and for anyone with access to your credit card info (such as the dealership) and your digital signature the sky is the limit.), and superimposed it on this document giving them permission to work on my vehicle! And I made them admit to it in front of the judge! Another funny thing is, I had signed the signature on the 24th, and the document was dated on the 27th. My vehicle started getting fixed on the 22nd. So how did I sign an agreement for them to fix my vehicle 3 days AFTER it was fixed and returned to me?


    I won the case. I dont have to pay them sh*t. At this point I'm just sooooooo pissed off and infuriated I'm actually putting together a piece for the local news here. Jacksonville is a military town and I happen to be in the military. I'm meeting with the base newspaper agency to put in this story. Hopefully it will headline and people will be warned about doing business with these guys. I'm not stopping there either. I'm going to NBC, Fox, anybody who cares to listen and I'm exposing these theives for who they are. Better Business Bureau too. And then I'm pressing criminal charges on the forgery count. After some research I realised it's actually a Felony class A or B which could net whoever did it up to 20yrs incarceration. For all the time I had to spend running around looking for a lawyer I couldnt afford, and the time off work and stress, they will pay. I mean, I'm so broke I had to represent myself in court. I represented myself in court and still won against their lawyer. That's how obvious it was that they were scheming! They think it's over. I'm just waiting to speak with the Judge and make sure I'm not doing anything illegal by taking this up with the media before I do so.

    I went to the DA's yesterday and was told that this is a felony and they dont handle such. I was advised to file a report at the police station. Is that my only option at this point? And how do I make follow up with the case and make sure they are penalised?

  2. #2
    Join Date
    Mar 2005
    Location
    Florida
    Posts
    435

    Talking Re: Sued by Dealership with forged signature..... FL

    you sue them yourself. i recommend you look up fla statute 559.72 so many of the things they said are illegal! also call the bureau of professional regulation, maybe they'll yank the dealership license. you should be able to find everything you need at myflorida.com

    way to go for beating them on the case you already fought though!!!

  3. #3
    Join Date
    Aug 2006
    Posts
    7

    Default Re: Sued by Dealership with forged signature..... FL

    Quote Quoting GreatGadsby
    View Post
    you sue them yourself. i recommend you look up fla statute 559.72 so many of the things they said are illegal! also call the bureau of professional regulation, maybe they'll yank the dealership license. you should be able to find everything you need at myflorida.com

    way to go for beating them on the case you already fought though!!!
    oKAY, I'm about to look up the statutes you just posted. I've been under the impression that I cant sue because I already countersued.... but on the other hand, I feel like I should be able to because this forgery issue came up IN COURT. That's when the forged documents made it to the case and so I should be able to sue them based on that. Lemme go read up. Thanks alot!

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Sued by Dealership with forged signature..... FL

    If you've already been through a suit and countersuit, you probably cannot initiate another lawsuit. A local lawyer can clarify your rights.

  5. #5
    Join Date
    Aug 2006
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    7

    Default Re: Sued by Dealership with forged signature..... FL

    Quote Quoting GreatGadsby
    View Post
    you sue them yourself. i recommend you look up fla statute 559.72 so many of the things they said are illegal! also call the bureau of professional regulation, maybe they'll yank the dealership license. you should be able to find everything you need at myflorida.com

    way to go for beating them on the case you already fought though!!!
    YOU are THE MAN!!!

    @ Aaron- I may not be able to initiate another suit but this.... especially the highlighted portion leads me to think a fresh new case may be in order. The threats..... they threatened to go thru DFAS and garnish my pay "when" they win. I was told after the case while we waited 10 days for the judgement that it was myu last chance to drop my sounter and they can drop their case and call it a day, or else.....

    The 2006 Florida Statutes
    Title XXXIII
    REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

    Chapter 559
    REGULATION OF TRADE, COMMERCE, AND INVESTMENTS, GENERALLY

    View Entire Chapter

    559.72 Prohibited practices generally.--In collecting consumer debts, no person shall:

    (1) Simulate in any manner a law enforcement officer or a representative of any governmental agency;

    (2) Use or threaten force or violence;

    (3) Tell a debtor who disputes a consumer debt that she or he or any person employing her or him will disclose to another, orally or in writing, directly or indirectly, information affecting the debtor's reputation for credit worthiness without also informing the debtor that the existence of the dispute will also be disclosed as required by subsection (6);

    (4) Communicate or threaten to communicate with a debtor's employer prior to obtaining final judgment against the debtor, unless the debtor gives her or his permission in writing to contact her or his employer or acknowledges in writing the existence of the debt after the debt has been placed for collection, but this shall not prohibit a person from telling the debtor that her or his employer will be contacted if a final judgment is obtained;

    (5) Disclose to a person other than the debtor or her or his family information affecting the debtor's reputation, whether or not for credit worthiness, with knowledge or reason to know that the other person does not have a legitimate business need for the information or that the information is false;

    (6) Disclose information concerning the existence of a debt known to be reasonably disputed by the debtor without disclosing that fact. If a disclosure is made prior to such reasonable dispute having been asserted and written notice is received from the debtor that any part of the debt is disputed and if such dispute is reasonable, the person who made the original disclosure shall reveal upon the request of the debtor within 30 days the details of the dispute to each person to whom disclosure of the debt without notice of the dispute was made within the preceding 90 days;

    (7) Willfully communicate with the debtor or any member of her or his family with such frequency as can reasonably be expected to harass the debtor or her or his family, or willfully engage in other conduct which can reasonably be expected to abuse or harass the debtor or any member of her or his family;

    (8) Use profane, obscene, vulgar, or willfully abusive language in communicating with the debtor or any member of her or his family;

    (9) Claim, attempt, or threaten to enforce a debt when such person knows that the debt is not legitimate or assert the existence of some other legal right when such person knows that the right does not exist;

    (10) Use a communication which simulates in any manner legal or judicial process or which gives the appearance of being authorized, issued or approved by a government, governmental agency, or attorney at law, when it is not;

    (11) Communicate with a debtor under the guise of an attorney by using the stationery of an attorney or forms or instruments which only attorneys are authorized to prepare;

    (12) Orally communicate with a debtor in such a manner as to give the false impression or appearance that such person is or is associated with an attorney;

    (13) Advertise or threaten to advertise for sale any debt as a means to enforce payment except under court order or when acting as an assignee for the benefit of a creditor;

    (14) Publish or post, threaten to publish or post, or cause to be published or posted before the general public individual names or any list of names of debtors, commonly known as a deadbeat list, for the purpose of enforcing or attempting to enforce collection of consumer debts;

    (15) Refuse to provide adequate identification of herself or himself or her or his employer or other entity whom she or he represents when requested to do so by a debtor from whom she or he is collecting or attempting to collect a consumer debt;

    (16) Mail any communication to a debtor in an envelope or postcard with words typed, written, or printed on the outside of the envelope or postcard calculated to embarrass the debtor. An example of this would be an envelope addressed to "Deadbeat, Jane Doe" or "Deadbeat, John Doe";

    (17) Communicate with the debtor between the hours of 9 p.m. and 8 a.m. in the debtor's time zone without the prior consent of the debtor;

    (18) Communicate with a debtor if the person knows that the debtor is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the debtor's attorney fails to respond within a reasonable period of time to a communication from the person, unless the debtor's attorney consents to a direct communication with the debtor, or unless the debtor initiates the communication; or

    (19) Cause charges to be made to any debtor for communications by concealment of the true purpose of the communication, including collect telephone calls and telegram fees.

    History.--s. 18, ch. 72-81; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 1, 6, ch. 81-314; ss. 2, 3, ch. 81-318; ss. 1, 3, ch. 83-265; ss. 7, 13, ch. 93-275; s. 819, ch. 97-103; s. 1, ch. 2001-206.

  6. #6
    Join Date
    Aug 2006
    Posts
    7

    Default Re: Sued by Dealership with forged signature in Florida

    Another big problem.

    I called the police today and filed a report on the forgery of my signature. Problem is, the cop seems confused about what to do from this point. He feels like he he cant arrest a whole dealership and we dont know exactly who commited the forgery. All we know is that they brought the forged document to the judge as evidence. So he said something to the effect that if nobody fesses up, the whole case may just get sat on for a while. Shouldn't there be a way a business can be charged for a felony?

  7. #7
    Join Date
    Aug 2006
    Posts
    7

    Default Re: Sued by Dealership with forged signature in Florida

    Any assistance possible, guys? OR at least what's the best way to go about finding a good lawyer? How do you know your lawyers "rating" in the city?

  8. #8

    Default Re: Sued by Dealership with forged signature in Florida

    I would go in and talk to the judge. If there was evidence of forgery the judge can find them guilty of a fraud upon the court and issue a fine. I would also pursue a complaint with the state and also the news media.

  9. #9
    Join Date
    Mar 2005
    Location
    Florida
    Posts
    435

    Default Re: Sued by Dealership with forged signature in Florida

    you can research lawyers on Martindale Hubble

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