Legal Question in Credit and Debt Law in Florida

Legallity of Collections

I am in dispute w/a car rental agency over the amount

of damages that I did to one of their cars on private

property. No police report was made due to minimal

damages and no injuries. I damaged a small molding.

The total cost to replace, including administrative

charges, came to $33.75. The claims person alleges

a cost of $453.00 which was a lot of sheet metal damages and painting. I have three witnesses, plus the driver of the rental unit, that all I did was the molding. I readily accepted and offered to pay my damages, but that was refused and they demanded the

entire sum in spite of my evidence. I said, I'll see

you in small claims court and they refused, stating they will turn this over to a collection agency. I am not a first or third party on a contract with them.

Can they do this without a judgement? Thank you.


Asked on 3/02/01, 7:08 pm

2 Answers from Attorneys
Anthony Comparetto Comparetto Law Firm

Re: Legallity of Collections

They can always send something to collections which you have the right to dispute. I would also get affidavits from your witnesses for the future in case of litigation.

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Answered on 4/30/01, 2:45 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Legallity of Collections

Do not be afraid of being sued. Anyone can be sued. It doesn't mean that you will lose.If you are sued do defend the action. You will need witnesses in Court to support your position. At the least have their affidavits. The judge may accept them in small claims court.

You will probably get threatening letters from a collection agency together with phone calls. Maybe they will violate the Fair Debt Collection Practices Act. Do not be intimidated. The matter will either die or go to an atty who may sue you. Defend the lawsuit.

Be sure to object to every demand.If possible, do it in writing. Get the name of the collector and agency.

Als check your credit report, if the matter shows, be sure to dispute it.

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Answered on 4/30/01, 7:12 pm


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