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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney representing individuals and businesses.
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I have a small claims case in Orange County Florida. The

Customer Question

I have a small claims case in Orange County Florida. The complaint made against an automobile dealer is that they did not honor a verbal agreement that was contingent to signing a lease agreement. Specifically, they promised there would be no "wear and tear" payment when my old lease was turned in. I have 3 witnesses that were present and heard the salesman acknowledge this pre-requisite to signing the new lease agreement. The salesman quit or was terminated within a week of this deal. The dealership will not stand behind the former salesman and charged us an addition $2000 for "wear and tear. Do I have a small claims case that has a good possibility of winning? May I compel the dealership to provide last known address and phone number of the former salesman so that I may subpoena him as a fourth witness?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

You have a difficult claim here. The verbal assurance that you received from the salesman is likely contrary to the written terms of the lease agreement that you signed. The written terms of the contract are going to be the controlling terms of your lease.

However, if you are already in small claims, and you intend to push forward, you can get the salesman's information and get him to appear using a subpoena. You can hire a process server to locate and serve him with the subpoena (you do not need the dealership to do this). Process servers have access to proprietary data (financial and government databases) to help locate individuals for legal purposes. They can do this for a small fee. Contact your local bar association for referrals.

Customer: replied 1 year ago.
In Orlando the Sheriff serves subpoenas and they require a name and address.
Expert:  CalAttorney2 replied 1 year ago.

Contact a personal investigator or a process server (even though the sheriff serves the small claims subpoenas, the process server can still do the investigation for you to locate the individual).