Re: I have a question concerning a leasing contract

I'm gonna get on my moral high horse a little here. Lawyers are often criticized for exploiting technicalities but look at this. One person's technicality seems to be another's vested rights.

The inquirer here wants to get out of a contract he admits signing, and (surprise) he doesn't want to pay an attorney to review the contract to see if he has valid grounds for cancellation.

Suppose you lent $100 to a friend and you have him sign an IOU but you lost it. Does that mean he doesn't have to repay you? No, it just means you have an evidence issue if you sue.

So, if this leasing company wants to sue you and they can't find their copy of the contract, they will have an evidence problem, but there's a number of ways they can overcome that. Like by asking for your copy. Or showing their forms, usual practices. and transaction records.

So, you need to consult an attorney for specific advice about your situation.

Re: I have a question concerning a leasing contract

I recently obtained the dismissal of a case by a major credit card provider because that provider failed to produce its copy of the agreement. Therefore, I respectfully disagree with other respondents who imply it is not an important issue.

Whenever anyone claims you owe them money, their first step is to attempt to persuade you to pay. That occurs through phone calls and letters from the creditor, their collection agent and, many times, an attorney. You can safely ignore the collection efforts until an attorney is involved. At that point, a suit becomes more likely. A suit is the legal method of attempting to collect which could ultimately enable them to recover money.

In a suit, if the creditor is unable to produce a copy of the document which allegedly creates personal liability, you have a good defense. If the creditor places an adverse remark on your credit report, you can dispute the debt with the credit reporting bureau. If that does not resolve the reporting issue, you can sue the creditor for violation of the Fair Debt Reporting Act.

The simplest method of handling debts, however, is a bankruptcy. Usually, when there is one debt from a business, there are more. While bankruptcy is never the first option, it often becomes the best one.

I trust this answers your questions, but feel free to call or E-mail on a free initial basis.