What will happen to me if I lose in a SMall Claims court?

Question

I rented a car for a day in another province, gave it back to the rental office but it was close already. So i went to the drop box to deposit the key, but a man who pretended to be an employee stood by the drop box and asked he will drop the key for me. I saw it when he dropped the key. I have witnesses too. So i went back to my province and the next day i called the rental if everything is ok. They told me the car is missing. They charged me for a second day in w/c i paid and then 4 months after they charged me for car damage when it was lost for 1 day. I did not purchase the rental insurance. they have billing statement of the replacement but it was their own car maintenance that issued it. they are asking me for 545$ and its beyond my 2 weeks of work because i dont earn too much. What if i am the defendant in the court and i lost what will happen? I dont have money to pay it in 15 days. And what if I opposed to the man who pretended to be an employee and he hurt me? help

So they billed me the 2nd day right? I asked my credit card insurance to pay this. But wen they called the rental agency the rental told my insurance that i did not pay for full so the claim was refused. Not knowing and not informing me as the consumer that there was a damage to the car. But during my usage of the car Wen i borrowed it there was a slight going to the right manuever of the wheel something wrong with the alignment. I think that is what they are trying to let me pay. BUt i was in the highway when i notice this. SO in the 4 months that lapse they were trying to outsmart my insurance in w/c they failed and now they turned to me.

Answer 1

As long as you didn't hand over the car to the rental car company, everything is your responsibility. If you think about it, it was really your mistake in believing this thief was an employee. If you did hand it over to an employee, then you should have gotten some sort of receipt.

If the "employee" refuse to give you an receipt then you would be in the right to call the police and at that point you would be freed from some parts of the contract.
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Anyway, the only advice is try to work out a deal with the rental company (payment amount and schedule) before you get to court. If you let them know that you are on limited budget and that if you were to lose you might have to declare bankruptcy. If they also have something to lose then it gives them some incentive to work with you. I was told by a lawyer that going to the courts should be the last resort. It might as well be just a flip of a coin (or the whim of a judge). Even the rental car company lawyers would probably want to avoid going to court also.

Just make sure you have a lawyer on your side, or they'll just not budge. Also make sure you get a lawyer from a recommendation. My friend got a lawyer for a case (from Y-pages) and after he sign and paid the lawyer, his own lawyer was like a ghost. My friend ended up fighting 2 people.

Answer 2

You should take a look at the options you can find at: SAVEFINDER.NET-

RE What will happen to me if I lose in a SMall Claims court?

I rented a car for a day in another province, gave it back to the rental office but it was close already. So i went to the drop box to deposit the key, but a man who pretended to be an employee stood by the drop box and asked he will drop the key for me. I saw it when he dropped the key. I have witnesses too. So i went back to my province and the next day i called the rental if everything is ok. They told me the car is missing. They charged me for a second day in w/c i paid and then 4 months after they charged me for car damage when it was lost for 1 day. I did not purchase the rental insurance. they have billing statement of the replacement but it was their own car maintenance that issued it. they are asking me for 545$ and its beyond my 2 weeks of work because i dont earn too much. What if i am the defendant in the court and i lost what will happen? I dont have money to pay it in 15 days. And what if I opposed to the man who pretended to be an employee and he hurt me? help

Answer 3

You already said to much you surrendered the keys to another individual who you did not beleave was an emploiee of the rential company. Truth be known you did not know that was not an employee of the company. You do not have to insure there cars they do. You rented and returned the keys on the day just a little late what happened in that lock box they must have video tape of what transpired. They cannot post judgment aginst anyone that has no money four months have past since the transaction occured. But if they can get judgement and garnish furture wadges until they are paid. You need legal aid to defend your self just let the attorney do the talking and answer all questions YES and NO. A Good Attorney by your side says a lot! I hope the rental company will drop charges and pay your attornry fees.

Answer 4

Just because you falsely believed someone worked there and gave them the keys.. and they damaged the vehicle.. doesnt mean its the rental companies fault.. why should they pay?

The contract you signed states that no matter how damage happens to their car when its in your possession.. you owe for it. It doesnt necessarily mean it was your fault.. but you are responsible regardless.

You will not get out of this. You will have to pay. If you dont have collision coverage and didnt get coverage from them.. well, you kinda asked for this.

Sorry.. but your gonna have to pay up.

Answer 5

while you're being sued in small claims court and you lose, then a judgment is entered against you and you're required to conform with the court's order to pay. in case you do no longer pay, the opposing occasion can garnish your wages. while you're indigent and don't have plenty funds, that must be seen as info interior the case. If the decide policies against you, i desire to propose which you request the court checklist facilitates you to make small funds at a time fairly than without notice. in case you have no longer have been given plenty funds, grant copies of your tax returns showing your income. which will additionally prepare your incapacity too. additionally, grant a replica of your SSI ruling recognizing your incapacity.

Answer 6

You need to talk to an attorney in your area first.But from a layman's point of view,I think you are on good legal legs.The charge for the damage came four months after the fact.What happened in the interim?Did they not realize the car was missing and /or damaged during that time?If they did ,why did they just bill you for a second day and omit everything else?Do you now begin to get the gist of your defense taking shape.Make them prove everything. Good luck.