Legal Question in Credit and Debt Law in California

when going to collections over a commercial equipment lease how much can collections get form me? the entirety of the lease (including the year left)? I am wondering if there is an amount of the lease that they can't get the payment for as I have not used the equipment in the future.

Negotiating with the lease holder, there is no clause in the lease for breaking the lease early. They want to pick up the equipment next week and charge me for the 1.5 years left on the lease.


Asked on 3/24/11, 9:25 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Even though they will recover the equipment and you will no longer have the use thereof, you are on the hook for the balance of the payments under the lease. Or, at least that is what they are going to sue you for. The defense of surrendering the equipment really doesn't work in the case of a commercial lease. It is not like a loan where they would have to deduct from the loan balance the amount they recover upon liquidation of the property. Remember that at the end of a lease, they get the property back anyway.

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Answered on 3/25/11, 2:19 pm


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