Dispute about date of return of rental car.

Asked 6 months ago - Mountain View, CA

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I rented a car in September and returned it during the early hours of next day (2 am). However, no one was present at the drop off facility and so we didn't get a receipt. I very recently received an inflated receipt, which however indicates that the car was dropped off many days later. The rental car company did not respond to my requests to review the video evidence.

What are my options to dispute this?

Small Claims:
If small claims is an option, would I, the plaintiff bear the burden of proof that the car was returned the next day? can I request the court to issue a subpoena for video evidence? (However, because of the time gap since the incident, the video may not be available and may render this strategy futile)

Thanks in advance for your time...

Attorney answers (3)

  1. Contributor Level 20

    3

    Lawyers agree

    1

    Answered December 18, 2012 13:33. What is your proof? Did you have someone with you? If you have proof and the rental agency is lying and trying to collect a fee not owed, they may have to:
    1- Stop asking for the money;
    2- Pay you a statutory penalty;
    3- Pay your attorneys.

    If you have the proof and all docs, a consumer protection office like mine would evaluate at no charge.

    http://www.calemons.com

  2. Contributor Level 20

    2

    Lawyers agree

    Answered December 21, 2012 03:21. The plaintiff bears the burden of proof that the car was returned the next day. And, video is probably on a loop that is saved for 30 days, perhaps 60 days.

  3. Contributor Level 14

    2

    Lawyers agree

    Answered December 21, 2012 22:09. Dispute the charges if applied to your credit card and/or contest the pleadings if they begin a cause of action. Sounds like you have a somewhat convincing argument if you have a witness or some other evidence of your drop off. Good luck.

    NOTE: The use of the Internet for communications with the firm or this attorney will not establish an attorney-... more

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