I received a letter of final demand from pushpin holdings based out of New York, NY stating they will commence civil action.
Stating I owe them $810.27 for an equipment rental contract held by Lease Finance Group.
I had a business from 2000-2004 which I leased a credit card machine form this co. They started removing additional funds from my chk acct and stated that the rates for processing cards was increasing. I cancelled my rental and asked to ship the machine back. I was told I would get a box with instructions on returning the machine. After 6 months of not using the machine, no box and numerous calls to the co. I closed my business and cancelled the bank acct as they were still withdrawing the rental fees, and I no longer was in business. I am in North Bay, Ontario. Can they sue?
Lease Finance Group has sued many business owners. The contracts that I have reviewed all have a clause that says jurisdicition for any lawsuits is in the New York City Civil Court and that service of the summons can be made by certified mail. You should look at your contract to see if there is a different jurisdiction provision, given that you are located in Canada. It is highly unlikely that a creditor would go to the trouble and expense to get an $810 U.S. judgment entered in Canada. You would have to consult with an attorney in Ontario to determine if a judgment entered in the U.S. can be enforced against you there. Also, to obtain a judgment against you personally, you would have to have signed the contract in your personal name, or given a personal guarantee.
My website provides more information about debt collection defense in New York State:
Can they sue? Yes. If they do, you should be prepared to respond. Failure to do so will almost always result in a default judgment.
Did you try to send the machine back on your own?
Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Mitchell Goldstein or the Goldstein Law Group does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.