Legal Question in Credit and Debt Law in New York

Car lease

I leased a car in July 2006 and they never sent me a payment book. I called at least 10-12 times to Chrysler explaning that I never received a payment book and was worried this may hurt my credit. Everytime I call I was told not to worry and that they would take care of it. Now 18 months later I receive a phone call asking what happened and do I have the back money. I told them no and I didn't want the car or I could start paying from now until end of lease. I checked my credit report and there is no record of any tranaction between me and Chrysler. My question is do I have to pay back money or can I get out of deal. I have perfect credit and I have leased some type of Chrysler for 15 years, sometimes 2 cars at a time. Never once late on payment. And again I tried for 2-3 months to straighten out the problem. What are my legal obligations?


Asked on 1/31/08, 12:00 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Car lease

1. This is a case where it is best to negotiate a settlement.

If it goes to trial then you will lose under the priciple of 'equitable estoppel' or under a straight contract analysis. Technically, you owe the entire amount of the lease.

Try to talk with the company about a payment that will cover the last 18 months. Making an offer of about 1/2 may be sufficient.

2. Your goal is to get out of this with as little money paid to the company as possible. A 100% victory is just not possible.

Andrew Nitzberg

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Answered on 1/31/08, 12:35 pm


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