Legal Question in Credit and Debt Law in Illinois
Disputed End-of-Lease charges (auto)
I recently returned a car that came off of lease. During the lease I made a number of late and partial payments that the leasing company misapplied to my account. I worked with the leasing company and resolved the misapplied payments. At the last month of my lease, I contacted the cust. serv. dept. of the leasing company to find out my end of lease obligations and to verify receipt of a recent payment (thought by me to be my last payment). The representative confirmed that the payment I just made was the final payment. After I returned the vehicle I received a bill, which included one final payment. The leasing company did not respond to several letters I sent them. And, recently I managed to contact someone who basically said unless I can produce all of my checks from day one, they are going to send the debt for collection. Is there some kind of suit that I can file to have my side heard before a legal body? Is small claims court an option for me (amount claimed is under $5,000)?
1 Answer from Attorneys
Re: Disputed End-of-Lease charges (auto)
If you wrote on your final check that this was payment in full in conspicuous letters and the check was cashed you could present this as evidence. Oral testimony given by the creditor is not nearly as good/credible evidence as written proof. Your defense in this matter is that an accord and satisfaction took place. However, if you do nothing your credit will be negatively impaired. To bring an affirmative action you will need to bring a complaint for declaratory judgment in chancery court requesting the court declare that your payment obligations have been satisfied. To bring a lawsuit in chancery you would be advised to retain a lawyer. What is the exact amount in dispute? (you mentioned under $5000)
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