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

Asked 10 months ago - 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.

Additional information

*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)

  1. 1

    Lawyer agrees

    Answered . I think you are stuck with the bill.

  2. Answered . 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... more
  3. Answered . You do not have a cause of action.
    #NathansonLaw #LegalQ&A

    I do NOT know you. I am NOT your lawyer. This answer is provided for the general public who may have similar... more

Related Topics

Claims to debt

If a creditor has claims to debt, then the creditor only has a few months to file a claim in writing once a debtor has filed for bankruptcy.

Lawsuits and disputes

If you're faced with a dispute that can't be resolved by negotiation, a lawsuit may be necessary. It will allow you to seek a legally binding solution in court.

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