Legal protection

Illegal actions of a Lessor

Illegal actions of a Lessor

What about illegal actions of the lessor? In lots of cases when there is a lease purchase agreement for a vehicle, in a certain time the lessee stops paying. For this reason, the most common guarantee for collection of these contributions is a promissory note. It is being signed between the lessor and lessee. With its help, the lessor is secured with a relatively easy and fast collection of outstanding receivables. But how the lessee can protect himself/herself against issuance of a promissory note of a non-existent debt? Our competent lease agreement lawyer will help you in this unpleasant situation.

First, you should know that there is a possibility the promissory note to be based on non-existent debt. If it is proved, then your obligation to pay the amount due under the promissory note gets invalid. If you find yourself in this situation, seek help from a lease agreement lawyer.

A competent lease agreement lawyer will emphasize you on the exact moment when you have to exercise your rights of defense. This moment is receiving the invitation for voluntary enforcement (voluntary compliance). That document should contain the date when you receive it. Another detail is the person who had received it and the signature of that person. If the invitation is not received by you yourself but by your husband/wife/mother/father, etc., this information is to be entered in the invitation for voluntary enforcement, too.

Why is this information so important?

This information is very important because you can exercise your protection right by filling an objection to the District Court issued an enforcement warrant within 14 days of receiving the notice of voluntary enforcement (voluntary compliance). If you miss this deadline, your right to dispute the enforcement order lapses. The best advice we can give you is the following: once you have received a formal notice, do seek for a help from an experienced lease agreement lawyer. In our office you will have the unique opportunity to work with some of the best lawyers in this field.

Lease agreement lawyer from International Law Office D.Vladimirov & Partners will explain that the lessor may contest the validity in two ways – either, by contesting the grounds on which the promissory note is based on, or by contesting the amount of the debt, in the 14-days deadline from receipt of invitation for voluntary enforcement (voluntary compliance). If you meet the deadline for filling objections and submit it to the district court, the creditor has got the right to bring an application to demonstrate the existence of his claim. In judicial proceedings must be established whether the amounts that creditor claims are legally charged and whether he is entitled to them.

As a Final

If a competent lease agreement lawyer proves that accrued penalty lease prejudices moral, it will be declared as null and void. The penalty prejudices moral when its amount is greater than the amount due, as this leads to unfounded enrichment of the lessor. This means it does not have any legal effect. Therefore, you will not be obliged to pay this penalty equal to the outstanding lease payments over the remaining term of the contract, as lessor has rescinded lease and has received back the vehicle. Equally irrelevant is the fact that you have been issued a promissory note in favor of the lessor for a specific amount. In order to eliminate this obligation to pay, do not miss the deadline for filing objections.

Before you sign a lease, you need to be preliminary well-informed. Do consult our specialist  who will help you make this decision consciously and confidently.