Legal Question in Credit and Debt Law in Michigan

Law firm filed complaint with court to collect $11,000 I do not owe

In May of 2004 the 3 year lease on a 2000 ''S'' type Jaguar was due for vehicle turn in.

I have proof and documents that this car was returned to the dealership in good condition and under the allowed mileage.

No damage of any kind and on the very day that was designated in the contract

It is now March of 2005 and I have recieved papers from the court that there was a complaint filed by a law firm on behalf of Ford Motor Credit.

My lease was actually with Jaguar Credit.

The complaint states that this vehicle was repossessed and sold by Ford Credit for non-payment.

The amount of $11,000 is what they say I owe them.

I contacted the law firm handling this and they don't believe what I am telling them is true.

The documents and affidavits from the dealer can surely support my side of this.

My question is should I hire an attorney?

Can I file a counter suit for all the trouble and stress this is causing me and my wife.

This has also ruined my credit status.


Asked on 3/16/05, 11:54 am

2 Answers from Attorneys
Gary Weingarden Gary D. Weingarden

Re: Law firm filed complaint with court to collect $11,000 I do not owe

Should you hire an attorney? If you can afford one, it would be very helpful.

Can you recover for stress and the like? It will be tough. If you could prove "actual malice," which in this context means that they sued you out of spite, then you might be able to. You might be able to recover attorney's fees. You can certainly force them to repair your credit.

I'm curious how they were able to repossess a car that had already been returned. And what documentation they have tying the vehicle to you and Ford.

When do they say the repo happened?

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Answered on 3/16/05, 12:01 pm
Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: Law firm filed complaint with court to collect $11,000 I do not owe

I believe that if the facts are as you state, you have a good case for suing under the Fair Credit Reporting Act and can collect damages. In addition, there are statutory attorney fees, so you should not have to pay an attorney out of your own pocket.

Please call me if you wish to discuss.

Rochelle Guznack

(248) 679-1552

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Answered on 3/16/05, 1:21 pm


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