Q: I have 4 cars that I entered into a rental car business company that hasn’t paid me yet
I asked the rental company to return my 4 cars but they’re refusing to return to me. We don’t have a written agreement but we have text messages. I’d like to recover my cars and all unpaid rental payments and unpaid toll fees
A: In California, if you have entered your cars into a rental agreement with a company that is now refusing to return the vehicles or pay the agreed rental fees and toll charges, and you only have text messages as evidence of the agreement, you still have legal recourse. Even without a formal written contract, the text messages may serve as evidence of the agreement's terms and the company's obligations to you. To recover your vehicles and any unpaid amounts, you may need to initiate legal action against the rental company. This could involve filing a claim in small claims court (if the value of the claim is within the court's limits) or in a higher court for larger amounts. You would likely need to prove the existence of the agreement, the terms agreed upon, and the company's failure to comply with these terms. Additionally, you may claim for any losses incurred due to unpaid rental payments and toll fees.
A:
In California, even without a written agreement, text messages can serve as evidence of a contract or agreement between parties. If you have text messages discussing the rental arrangement and the return of the cars, they may be used to establish the terms of your agreement with the rental company. Your first step should be to gather all relevant documentation, including the text messages and any other communications regarding the rental agreement.
Next, you should consider sending a formal demand letter to the rental company, outlining your request for the return of your cars, as well as any unpaid rental payments and toll fees. If the rental company continues to refuse to return your cars or pay you what you're owed, you may need to consider taking legal action. This could involve filing a lawsuit against the rental company to recover your property and seek damages for any unpaid fees.
Consulting with an attorney who specializes in contract law or civil litigation can help you navigate this process and determine the best course of action. An attorney can review your case, advise you on your legal rights and options, and help you pursue the appropriate legal remedies to recover your cars and unpaid fees. It's important to act promptly to protect your rights and interests in this situation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.