Discovery in Auto Fraud Cases

In a lawsuit where you are alleging that a selling violated the Consumer Fraud Act by selling a car that was already damaged these question might help. You need to determine if they knew it was in an accident.

These quesitons will help you determine what the selling dealer did when they had the car.

These questions might not be good for every case but they are a nice starting point.


1. Who is the person answering these interrogatories and are they authorized by the defendant?

2. Who is the person answering these interrogatories? Do you have the authority to bind this defendant?

3. With regard to the prior interrogatory please, set forth your a) Title; b) length of employment with the defendant; c) Every position you have held with the defendant for the past five years, with a description of your responsibilities at each of the positions.

4. List all the documents your have reviewed in answering these interrogatories. Indicate the reason you have reviewed each document and please attach hereto. If you needed to review a document and you did not, please explain why and explain the contents of that document.

5. List all the people you have spoken to or have attempted to speak to, while answering these questions; include their a) name; b) position; c) responsibilities; and d) the reason you spoke or attempted to speak to them. If you attempted to speak to a person and were unable to do so, explain why you could not do so. Also explain why you wanted to speak to that person and the nature and extent, by your understanding, of their knowledge.

6. If you have not spoken to anyone or referred to any documents, please set forth reasons why you have failed to do so.

7. What was the date on which the defendants acquired the vehicle which was subsequently sold to the plaintiff or subsequent purchaser?

8. With regard to the vehicle which was sold to the plaintiff, please list the following:

(a) From whom was the vehicle purchased? Include name, address and telephone number.
(b) For how much was the vehicle purchased?
(c) Nature of the transaction: for example, was it financed or was it a cash deal?
(d) Please attach all the documentation pertaining to the acquisition of the subject vehicle. Attach the deal and/or transaction file.
(e) List all representations to this defendant received from the seller of the vehicle upon acquisition.
(f) What was the odometer reading when the vehicle was acquired by this defendant?
(g) List all representations this defendant made to the plaintiff or the subsequent purchaser of the car. To whom were they made and when?
(h) Did this defendant perform an inspection on the vehicle upon acquisition or at any time? If so, please set forth the nature and extent of the inspection as well as attaching any documentation pertaining to the inspection of the vehicle.

9. During these defendants’ term of ownership, please list all mechanical work or bodywork which was done to the vehicle. Please set forth the following:
(a) Reasons for the work?
(b) The exact date(s) on which the work was done.
(c) Who performed the work?
(d) What amount of money was paid to the individual(s), if any, who performed the work?
(e) The reason for the work being performed?

10. During the term of this defendants’ ownership, please list any and all repair facilities, garages or individuals who inspected, performed any alterations, or performed any mechanical or body work on the vehicle.

11. To whom was the plaintiffs’ trade vehicle subsequently sold?
(a) Date?
(b) Price?
(c) Representation to the subsequent purchaser?
(d) Odometer reading on the car at the time of transfer?
(e) Price?
(f) Condition of the vehicle?
(g) Attach the deal file if there was one created.
(h) Attach all documents pertaining to the resale.

12. During these defendants’ term of ownership, please list any and all official State Inspections or any other inspections for any reason which was done on the subject vehicle. Please set forth the following:

(a) Date of the inspection.
(b) Place of inspection.
(c) Reason for inspection.
(d) Result of inspection.
(e) List each part of the car inspected and why.
(f) Please attach any paperwork and/or documentation confirming that the vehicle was inspected.

13. Did this defendant advertise the subject vehicle in any newspaper and/or publication? If so, please set forth the following:

(a) Date advertised.
(b) Exact content of advertisement.
(c) Reason for running advertisement.
(d) Name and address of periodical running advertisement.

14. In conjunction with the sale of the vehicle from the defendant to the plaintiff, please list any representations which were made from this defendant to the plaintiff. Please include the following:

(a) Date, time and place of representation.
(b) Plaintiff’s response to defendants’ representations.
(c) Reason for making representations.

15. List all conversations between the plaintiff and the defendant pertaining to the purchase of the vehicle. Please include the following:

(a) Exact statement as indicated by the plaintiff.
(b) Reason for statement.
(c) Date, time and place of statement.
(d) Any witnesses to the statement.

16. Has this defendant ever been convicted of a crime?

17. Has this defendant ever been subject to any lawsuit either civil or otherwise in the past five (5) years? If so, please set forth the nature and extent of the allegations as well as the ultimate outcome.

18. Did the vehicle that the plaintiff purchased/acquired from the defendant have any damage that this defendant was aware of? If so, please explain what damage existed.

19. Had this defendant or anyone else, including prior owners, damage the subject vehicle before this defendant sold the car to the plaintiff?

20. Was there damage, which the subject vehicle sustained, which was not discovered by this defendant upon inspection? If the answer is yes, please explain why the damage was not discovered upon your inspection.

35(a). List everything this defendant did to insure that all representations made to the plaintiff(s) were accurate and truthful?

21. If this defendant did nothing to assure its representations were accurate, please set forth the reasons supporting your answer.

22. List all fact supporting your defense that you did not commit an act of Consumer Fraud.

23. List every document that is contained in the deal jacket. If any documents that should be in the deal jacket are not there, explain why the document(s) are missing.

24. List all factd you intend to rely upon at the time of trial.

25. List all of the defendant’s employees who have knowledge of any facts in this case. Describe the extent of their knowledge.

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