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socrateaser
socrateaser, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37972
Experience:  Retired (mostly)
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We finished a five years leasing contract medical equipment.

Customer Question

We finished a five years leasing contract for a medical equipment. the leasing company continuing debut monthly leasing fee from our bank checking account for additional fifteen months. By the time we fund out, the leasing company stated: we should notify them 90 days before the expiration date, so that the charges went to next six month cycle, and so on.
We are a medical clinic in New York, the leasing company headquarter is in Colorado.
1, Can we Sue a business which is out of state through small claim court?
2. the case was 5 years back, is it still indictable?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  socrateaser replied 1 year ago.
Hello,In order to sue the leasing company, on the contract, the lease agreement would have to provide for jurisdiction for disputes in NY state. The lease agreement may provide for arbitration, in which case you could use the alternative dispute procedure to resolve the issue, and probably handle the entire case via phone, and email. However, it's not clear that your dispute is based on the lease contract. You overpaid, and the leasing company kept your payments. That's what is known as "unjust enrichment," which is an entirely different legal doctrine. The statute of limitations is three years after the cause of action accrues. And, your cause of action would accrue a different statute of limitations for each of your overpayments on the date that the overpayment was made. So, if there are any overpayments made during the past three years, then you can sue on those payments. But, you'll probably have to sue in Colorado, unless the leasing company has a registered agent for service of process in NY state. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using justanswer.com!

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