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socrateaser, Attorney
Category: Business Law
Satisfied Customers: 37820
Experience:  Retired (mostly)
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I transferred the lease on my car to another individual. This

Customer Question

I transferred the lease on my car to another individual. This was done through the original company that I leased my car from (Mercedes). The person who now has the car assumed all responsibilities for the remainder of the lease. The lease has a termination fee and the person who assumed the lease is suing me in small claims court for that sum. Mercedes says its her responsibility. She will not win the suit. My feeling is she is just doing this because she is annoyed and is trying to appeal to my good nature because I split the application fees with her. Do I have a counterclaim here? She is wasting my time. Is that something I can counterclaim? The court system is in NYC. Thank you.
Submitted: 6 years ago.
Category: Business Law
Expert:  socrateaser replied 6 years ago.

If you transferred the lease legally, then the assignee (new lessee) assumed all liability, including the termination fee. She would have to sue you for misrepresentation, which would be practically impossible, because every vehicle lease has a termination fee, so no one could reasonably claim that they were tricked into beleiving that no fee existed -- it's right there on the face of the contract -- plain as day!


Re countersuing, you could request sanctions on grounds that the suit is frivolous (totally without merit), or you could wait to win the suit, and the file a new complaint for "wrongful institution of civil proceedings." You can't make this suit as a counterclaim, however. You have to wait to win your defensive claim.


Hope this helps.


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