Legal Question in Credit and Debt Law in Pennsylvania
Is it worth taking legal action?
I have an issue concerning a automobile lease in which I returned the car early paid off the lease, had the dealer from which I leased it from check the car over and assessed damages above normal wear and tear. The dealer signed a form with the Bank's letterhead, being a representative of that bank as I understood it. Meanwhile the car sat in the Dealer's lot. The bank sent out their own inspectors 8 days later and said there was more damages than what the dealer had stated and expects me to pay the difference. I paid what the dealer had stated and disputed the rest. We had multiple discussions concerning the outstanding balance and then that was the end of it. Now a year and a half later I have a Collection agency trying to make a deal with me to pay off the outstanding charges or face the consequences of having my wages garnished. Approx. $400 is outstanding according to the agency.
2 Answers from Attorneys
Re: Is it worth taking legal action?
This is not a joke, the exact same issue happened to me when I turned in my lease, however my car sat for 45 days. I only knew that it did because I got another bill from the leasing company and told them the car was at their dealership for at least a month. I live in PA and we have bad weather and the car sat outside for thse 45 days and were $1500 dollars apart.
I fought it and got it down to about $500 my end and the $1000 was paid by the leasing company and the dealership.
These are not easy but depending on the damage they are worth fighting.
Call my office if you want to retain counsel. My fee would be based on the amount I save you.
Brandon Barnett, Esq.
412-916-1677
www.youresquire.net
Re: Is it worth taking legal action?
You may also consider discussing with an attorney whether this collection agency violated your rights under the Fair Debt Collection Practices Act. As an example, within 5 days of their initial contact with you, they should have sent you a letter advising you of your rights (language like "if you dispute this debt within 30 days of receiving this notice"). Also, depending on what was said, there may be a violation when you say the collector said something about your wages being garnished.