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Can I sue over a disputed unpaid invoice to get a court order/judgment that I do not owe the money claimed?

Levittown, NY |

Upon returning my leased vehicle I was given an invoice for $955 which is more than I believe I owe (there is vague/ambiguous language in the lease re: excessive wear). My final offer was $600 but they refused to budge. Can I sue to have a third party determine liability (court order or arbitration)? I'm not sure what my options are because I have not suffered actual damages yet. However, I want to get in front of this to determine liability before it goes to collections and on my credit report.

*Appreciate help thus far but main thing is I don't want it going to collections (harassing calls, negative impact on credit, etc.). Do I have any legal avenues to prevent this? Should I pay the bill then file small claims action to recover? **Issue in dispute was a very minor chip on windshield. Seriously small, less than a quarter inch. Tiny. Not in field of view of driver and wayyyy below NYS DMV guidelines to fail inspection. They are trying to get me to pay to replace the whole windshield.

Attorney Answers 3

Posted

You do not have a cause of action.
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2 comments

Asker

Posted

Any advice what I should do? Ultimately I would like a third party to determine the amount owed (if any). If I pay the full bill can I then sue to recover the money? I dont believe I owe this money and dont want to pay it, but I do not want to be harassed by collections and show up on my credit report.

Mitchell Aaron Nathanson

Mitchell Aaron Nathanson

Posted

Ultimately, a judge will decide if they pursue you in court.

Posted

You are talking about a declaratory judgment action but this is not what it is used for. The leasing company can sue you for breach of contract and if that happens you can defend the case.

The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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1 found this helpful

Posted

I think you are stuck with the bill.

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1 lawyer agrees

1 comment

Asker

Posted

Thats helpful. Thanks for your opinion. So, basically a company can issue you an invoice for a million dollars and you have no legal avenue to dispute the bill? I have to wait until I suffer damages and deal with harassing collection attempts or damage to my credit rating (which is over 800 so Im fairly concerned). There is nothing I can do except wait for them to sue me???

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