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.
Debt Collection Attorney
You do not have a cause of action.
I do NOT know you. I am NOT your lawyer. This answer is provided for the general public who may have similar queries. The answer provided is NOT definitive. I do NOT know all of the facts of your case and NO attorney-client relationship is established. Please do not use my answer to tell your lawyer what to do. Free advise is worth exactly what you are paying. Trust the lawyer who is charging you for his/her time and expertise. If you can no longer trust your lawyer, then hire someone else. I am always interested in new clients and business opportunities and would welcome your call or email to discuss matters further. For more information, please feel free to visit my website or schedule an appointment.
Criminal Defense Attorney
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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