BAKERSFIELD, Calif. -- A woman is taking her case to court after a local dealer repossessed a car she bought in July.

Kamesaha Smith said the car didn't have a valid smog check when she bought it, and that's why she didn't make a payment. The lot owner insists he tried to get the smog check, and he took the car back because she refused to pay.

Smith bought the 1997 two-door Thunderbird at McGowan's Autos on July 24. By Sept. 17, the car was repossessed, and Smith is sure that wasn't right.

"He sold me a car without being smogged," Smith said. "And then he came and repo'd the car for $150."

Lot owner Donnie McGowan said the T-Bird had been smog checked within 90 days of when he sold it to Smith.

He said the California Department of Motor Vehicles had been accepting smog checks within that time frame, but, at that point, the DMV then decided the smog checks on three cars on his lot had to be redone. That included the T-Bird.

Smith said she found out the car needed a smog check after she bought it and took it to the DMV.

"It's the seller's requirement to sell that vehicle showing that it has passed smog," DMV Supervising Inspector Eric Light said.

But what happened next in this case gets murkier. McGowan said he told Smith to take the car to a smog shop and he would pay to get it checked.

Smith said the "check engine" light came on, she took it to the smog shop and the mechanic said it would need repairs before it would pass the smog check.

The mechanic who looked at the car told Eyewitness News he only checked it over quickly and told Smith because the check light was on it would need to have repairs.

Smith said at that point she decided not to make the next payment. She said the total price for the car was $3,355. She put down $1,000, and she was supposed to make "catch up" payments on the rest of the down payment.

McGowan said those catch-up payments are absolutely required, because they are part of the down payment. Smith said she made part of a payment in August. On Sept. 17, McGowan came and repossessed the T-Bird.

Asked if the buyer could refuse to pay because the car lacked a valid smog check, DMV investigator Eric Light said -- no. "No, because she still has an obligation based on the contract and everything that she signed. She's obligated to that amount."

Smith said she has filed a consumer complaint with the DMV, and she's filed a case about this situation with the Better Business Bureau. She's also filed a case in small claims court. She wants her money back.

McGowan insists on the day he sold Smith the car, he thought the smog check was valid. He says he offered to pay for a new smog check, and he says Smith is the one who declined to get the smog check done.

McGowan is sure he had the right to take the car back when Smith missed the $150 payment. The DMV investigator said he hasn't looked at this case specifically, but in cases like this with "in house" financing -- the buyer must meet the conditions of the contract.

"She's obligated to that contract, regardless of whatever mechanical defects or registration issues there are."

Smith hopes the court will rule in her favor, and she hopes to get a court hearing in a couple weeks.