Legal Question in Credit and Debt Law in South Carolina

Re: video rentals

I think you'd have a good defense to this type of "damages" being assessed. In order to force you to pay the fee, the store would have to file suit against you in magistrate's court. It's at that point you want to look at the underlying rental contract language. Does it even allow for such fees to be assessed? If so, it could well be a contract of adhesion - one so skewed and one-sided, written by the party the contract clearly favors, that it should be reformed by the judge, especially in a consumer transaction such as this where you don't have a meaningful choice or opportunity to negotiate - i.e., a "take it or leave it" deal presented by the rental store. I'd make an offer of judgment for a new DVD plus whatever the standard late fees are. If their standard fees are that outrageous, then offer just the new DVD, but WITHOUT admitting liability for the fees. Put it in writing, mailed return receipt requested, and see what the response is. If you have to go to court (and while this is a small amount, I've seen small business owners sue for less), take the letter and receipt with you to show the judge. Either way, I am afraid you'll have to look for a new rental store.