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Go Back   REVscene Automotive Forum > Automotive Chat > Police Forum

Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 02-12-2010, 02:05 AM   #1
I don't get it
 
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Summons to a payment hearing

Hey guys, so this is my problem, Today I had a guy come to my house saying he was the "owner" of a rental company. He handed me a envelope and said it was for non payment on one of his vehicles. Anyways long story short, one of my vehicles had total loss claim. I needed a vehicle for school so I had a friend that worked at a rental company which would give a vehicle for $600 flat every 2 weeks (he was the manager). It was all properly documented every time i rented. So the last rental didn't get charged to my cc and since they knew me so well they told me to come pay whenever I had the time. A few weeks passed after i dropped off the vehicle and I go to the rental company to pay and there closed down. I was never served a paper telling me I was getting sued, and all of a sudden I get a summons to payment hearing. Also I found out that one of the employees forged my signature to close the account. What can I do now? I'm in school and have no job so they cannot garish my wages. I have the $600 ready to pay for the rental but the "owner" said no he wants $1650. One of the employees is willing to go to a notary republic and have a sworn statement saying the deal was $600. What can I do now, I did not sign the rental agreement closer also the deal was for $600. Any help is appreciated. Thanks
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Old 02-12-2010, 05:56 AM   #2
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So, go to the hearing, and tell your story like you told it here. Be sure to have as much documentation as possible, including sworn statements from the employee (or better yet, bring him along). I'm not a lawyer or anything, but a couple things that I suspect may work in your favor:

1. It's not your fault that they didn't charge your CC like they were supposed to. If they don't take their payment, I don't believe you're under any legal obligation to go out of your way to provide it.

2. An employee forging your signature may just nullify the whole thing.

3. The employee's statement to your arranged payment will be crucial - you were told by an authorized representative that you could take your time in paying, and that it would be $600, so it's not like you were trying to skip on the payment.

4. You DID go to the company in good faith to make your payment - it's not your fault that they weren't there anymore (and I assume, left nothing behind to indicate how to contact anyone?).

5. Did they close down, or just move? You owe the $600 to the *company*, not its owner - if they ceased to exist, it may be determined that you owe the "owner" nothing.

So yeah, document everything, and go to the hearing... and keep us posted! If you end up getting to keep the $600, you can take us all for drinks
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Old 02-12-2010, 05:38 PM   #3
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Spend $25 on lawyer referral ASAP.
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Old 02-12-2010, 05:54 PM   #4
I don't get it
 
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went to lawyer, got advice on how to deal with it, thanks guys!!!
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Old 02-12-2010, 05:57 PM   #5
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Quote:
Originally Posted by Soundy View Post
So, go to the hearing, and tell your story like you told it here. Be sure to have as much documentation as possible, including sworn statements from the employee (or better yet, bring him along). I'm not a lawyer or anything, but a couple things that I suspect may work in your favor:

1. It's not your fault that they didn't charge your CC like they were supposed to. If they don't take their payment, I don't believe you're under any legal obligation to go out of your way to provide it.

2. An employee forging your signature may just nullify the whole thing.

3. The employee's statement to your arranged payment will be crucial - you were told by an authorized representative that you could take your time in paying, and that it would be $600, so it's not like you were trying to skip on the payment.

4. You DID go to the company in good faith to make your payment - it's not your fault that they weren't there anymore (and I assume, left nothing behind to indicate how to contact anyone?).

5. Did they close down, or just move? You owe the $600 to the *company*, not its owner - if they ceased to exist, it may be determined that you owe the "owner" nothing.

So yeah, document everything, and go to the hearing... and keep us posted! If you end up getting to keep the $600, you can take us all for drinks
While i was talking to the lawyer he said if they forged my signature the judge might award me compensation for time wasted, going to a lawyer, coming to the courthouse n all. Lawyer advised me he has won many cases and received $500 for the waste of time. If that's the case, I will be sure to take you and Skidmark out for drinks
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Old 02-12-2010, 10:18 PM   #6
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What lawyer hasn't won many cases when speaking to a new client? Hopefully things work themselves out on this.
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Old 02-13-2010, 02:32 AM   #7
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What lawyer hasn't won many cases when speaking to a new client? Hopefully things work themselves out on this.
Lawyer was giving me advice on how to win the case. He did not ask for payment nor did he ask to represent me. I am not a new client of his. Thanks for the kind words at the end
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