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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118282
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am seeking legal council to remedy a possible breech of

Customer Question

I am seeking legal council to remedy a possible breech of contract. I leased a big rig in the state of Kansas in March of 2015. While evaluating whether or not to enter into a lease agreement I spoke with the VP of Operations of the leasing company and advised him that my primary concern was repair and maintenance. I explained that I did not want to get myself into a situation where I could not afford repairs on the vehicle and would be forced out of business.Roman explained that I did not have to worry about that happening because under their maintenance policy I would only have to pay 10% of the repairs and the remainder would be added into the lease. Additionally Roman stated that the truck I would be purchasing was an Ashley Furniture truck and was extremely well maintained and that the Ashley trucks have very few maintenance issues. I made the decision to lease a truck from OTR leasing based on these statements by Roman Fields.In July of 2015 I received an email entitled “OTR Leasing Driver Maintenance Policy Update” This update indicated that OTR would no longer be covering repair costs at 90% but would amend the lease and lend the owner up to $5000 after the owner paid the first $5000 of the repair at 40+% interest rate.I do not have the original maintenance policy. I made the decision to lease based on verbal assurances from Roman Fields that I would only be responsible for 10% of repair costs and that the trucks were extremely well maintained and had very few maintenance issues.
OTR previously covered 90% of my repair costs on at least two occasions prior to the maintenance policy update that I received in July 2015.
The truck is in the shop and OTR leasing is refusing to pay the 90% of repair costs that were promised to me prior to and at the time of lease signing.I am seeking an attorney to remedy this situation. I want OTR leasing to honor the terms of the maintenance policy that was in place at the time of lease signing (as evidenced by the previous repairs covered at 90%), or I want out of the lease.
JA: What state is this in? And how old is the truck?
Customer: Lease company in Kansas, my business is in CA. truck is 2010
JA: Has anything been filed or reported?
Customer: Letter to the leasing company asking for payment assistance
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not that I can think of....
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
Should I get a lawyer in CA my state of residence or in Kansas where I leased the vehicle.
Expert:  Law Educator, Esq. replied 1 year 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.
If your agreement was entered into in KS and the company you are working for is in KS, then you would need an attorney in KS to file suit against the company for breach of contract.
Unfortunately, to succeed at a breach of contract claim, you need to read the actual contract, because verbal representations of an employee or even VP of the company cannot change what is written in that contract. So, before you can do anything, you have to get a copy of that contract to read what it says about maintenance and then if they are violating what is written in the contract you would proceed to suing them.