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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 24659
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I run a small bicycle business. A long time customer rented

Customer Question

I run a small bicycle business. A long time customer rented a bike from us valued at $12,000. He crashed and damaged it on a ride. In an email he fully admits to damaging it. At the time of his rental he signed an agreement stating he would pay for any and all damages incurred while in his position. He refuses to pay for the damage. I have some "law school" friends that gave me conflicting advice. Some say take him to court even if the costs are above $7000. Some say the best option is to send it to collections. Others say to contact his commanding officer (he's in the military). What is your opinion? Thank you for your time...Dan
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Hawaii
JA: Has anything been filed or reported?
Customer: Only with his credit card company
JA: Anything else you want the lawyer to know before I connect you?
Customer: That's all I got
Submitted: 11 months ago.
Category: Legal
Expert:  LegalKnowledge replied 11 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  LegalKnowledge replied 11 months ago.

The customer is liable for the damage to the bike. They would need to pay the costs to fix the bike and you have a legal right to go after them. If you have made a demand and they are refusing to pay, you can retain an attorney and sue for the money owed, along with attorney fees and court costs. You can try and send it to collections and they could go after him but they would likely be taking a fee, of the money they recovered. Now, if they fail, you can still proceed and sue, so it is a matter of how long you want to wait and if you think this person will be more compelled to pay once an attorney is involved and sends them a demand letter or if a collection agency tries to go after them.

Expert:  LegalKnowledge replied 11 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!