Legal Question in Civil Litigation in Massachusetts
Being Sued in Small Claims by Auto Dealer
I worked for a major company and drove a fleet vehicle until May '07.
A) In March '07 I had approved maintainence done on the car. I told the service person to submit the invoice in a timely manner since the car was being exchanged in in a month or two.
B) In April, I turned the vehicle in to the Leasing Co. & picked up a new car.
C) In May I left the company & moved to a new state.
D) I received a call from the dealer in Jul/Aug'07 saying that they had not been paid and I provided all of the contact info that I had for them to submit for payment.
E) The Employer changed Leasing Companies and the new company said that they had no record of the old vehicle. The Old Leasing Co. denied payment because at the time of billing, they no longer owned the car.
F) Consequently, the Auto Dealership has billed me for the work performed but I have not paid because the car was still under my former Employer's policy at the time of service.
QUESTION: Am I obligated to pay the bill??? Is there a staute of limitations??
Thank You.
2 Answers from Attorneys
Re: Being Sued in Small Claims by Auto Dealer
yes
Re: Being Sued in Small Claims by Auto Dealer
You say that at the time of billing the Old Leasing Company no longer owned the car, but they did at the time the work was performed. That is the key date, not the date of billing. Assuming they would have been agreed to pay if the bill had been given to them right away, I do not see how the delay in billing takes them off the hook. Unless I'm missing something here, I think the Old Leasing Company should pay, once it is brought to their attention when the work was done. (Regarding the statute of limitations, it is 3 years in Massachusetts for something like this.)
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
