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Dispute about date of return of rental car.

Mountain View, CA |

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


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.

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The rental agency has corrected the error on their part. Thanks! On a side note, would having someone really help because they are most likely friends/acquaintances (and hence cannot be considered neutral)

Scott Richard Kaufman

Scott Richard Kaufman


1- Your "testimony" is evidence; 2- same with other witness(es); 3- trier of fact gets to decide who is to be believed. 4- If you still have the notice(s) asking you to pay a bill you did not owe you can still have a cause of action against them. If it's enterprise, I've seen them "fix" something and then later UN fix it. A lawsuit would stop them from UN fixing it again...


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.

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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-client relationship and messages containing confidential or time-sensitive information should not be sent.

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