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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111468
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Wh dowdy
, I lease a tractor trailer truck from cure

Customer Question

Customer: wh dowdy
JA: Thanks. Can you give me any more details about your issue?
Customer: I lease a tractor trailer truck from cure leasing this was an owner operator lease I drove the truck for six to eight weeks and made a positive check two times so I gave the truck back to them now I think they are putting a freeze on my account to collect money they say I owe
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Submitted: 11 months ago.
Category: Legal
Customer: replied 11 months ago.
I was lease to paschal trucking for what was to be a percentage of freight cost but it never work out except two times I receive a positive paycheck which amounted to about 800.00 .the other six weeks the money the truck made went to paying for gas and two charges .what was left was applied to the truck lease. I never made enough to have a positive pay so i turn the truck back in which I gave notice to my driver manager that was my intention after last trip.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What did your lease contract with them state about canceling your contract? What are they trying to say you owe them for?
Customer: replied 11 months ago.
it indicated that I could walk away from the lease at any time was my understanding without repercussions .they say I owe them about 9,000.00 dollars for the payments that was not made while I was driving the truck. the reason the payments was not made is because the truck was not making enough to pay the lease payments and other expense like " fuel, repairs, tow charges because it was during the winter and you would get stuck "that it was costing to keep truck on the road.
Customer: replied 11 months ago.
my payment was about 800.00 per week
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
If the lease states you could walk away without penalty, then you can do so. However, if they are claiming you did not make payments that the contract said you had to pay, then you are still liable for those payments, even though you did not make the money to make the payments. When you signed the lease, it became your obligation to make the payments the contract calls for you to make.
Unless your contract stated that if you did not make money you did not have to pay, you will be legally bound to make those payments. So if you are cancelling the contract, you need to make arrangements with them to pay the past due amount or they can sue you for breach of contract. If you are not able to make the payments and they sue you, then they could try to seize your property or garnish your wages to pay the debt or you would have to seek to file bankruptcy to get the debt extinguished.
These are the options you have at this point if you failed to pay the money the lease said you were responsible to pay regardless of the reason you did not pay the money.