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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Consumer Protection Law
Satisfied Customers: 16721
Experience:  Experienced Licensed Attorney
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Can I get sued over excess miles on my lease return? When

Customer Question

Can I get sued over excess miles on my lease return? When initially got the leased car I was suppose to got two vehicles. One purchased and one lease. I told the dealership that I would only get two cars or none at all. They had me lease one and the second one they let me take it home with peppercorn. About a few weeks later they asked to return it because I was not approved . I told them I would return the lease and they didn't allowed me. They also kept my trade in worth a few thousand dollars and told me that t would offset the miles I drove on the purchase vehicle I couldn't keep. In other word they robbed me. I return the lease with overage miles. Hence the reason why I was 'buying' a car too. Now, 4 years after I returned the car there is a balance for mileage in the tune of about 13k. No excess wear and tear. Can they try to sue me ? I contacted the leasing company many years ago and told them I was a victim of fraud by their dealership. They didn't care. Now that I was claiming fraud on my credit to try to take that outstanding balance of miles off, they say I am still contractaually liable.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Alex J. Esq. replied 1 year ago.

Hello. My name is***** am a US licensed attorney and I will be happy to answer your question.
I am sorry to hear about this unfortunate situation.
Please note, I cannot comment on your specific situation, as this services is only limited to general information and for any legal advice / legal service you should contact your local attorney.

Did you sign the written lease for the vehicle which stated how many miles you were allowed to drive and what the cost of excess miles would be?

Customer: replied 1 year ago.
It was my first lease ever. So I assume I did
Expert:  Alex J. Esq. replied 1 year ago.

Thank yo for your follow up.

Unfortunately, if the consumer signed an agreement which state that the consumer would be liable to pay for the excess miles, then the consumer would be liable to pay for such excess miles (regardless of what the verbal discussion might have been, as written agreement would trump any verbal promises or assurances).

If the consumer doesn't pay or negotiate a settlement of the cost of the excess miles, then the a lawsuit can be filed which would seek not only the cost of the extra miles, but attorney's fees and court costs, so it is always a good idea to negotiate an amicable resolution before any lawsuit is filed.

I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide customers with correct answers, even when answer is not favorable to the customer.

I wish you the best of luck and God bless you!

Customer: replied 1 year ago.
But if you can't comment on my specific situation , which is what I was looking for , then it won't be helpful for me . Thanks though
Expert:  Alex J. Esq. replied 1 year ago.

I have provided you with correct and accurate answer to your legal question.

Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.

Customer: replied 1 year ago.