Q: Which court can I file? Civil Court or business court?
I leased the SUV using my company Violet River Inc. in December 2021. My business stopped operation when the other owner exited in December 2021. There was no employee, except me seasonal in quarter four. Between the lease time (1/2022 - 1/2023), the leased vehicle was used primarily for personal, family, or household purposes until the leased vehicle was totaled. Is it a consumer lease? (15 U.S.C. § 1667), also, I signed the lease. This concerns my civil rights and customers' rights but the print name on the agreement is my company name.
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A:
To determine where to file your case, you need to consider the nature of your lease and the primary use of the vehicle. Since the SUV was leased under your company name, Violet River Inc., but used primarily for personal, family, or household purposes, it may qualify as a consumer lease under 15 U.S.C. § 1667. This designation could influence which court you should file in.
If you believe your rights as a consumer have been violated, you would typically file in civil court. Civil courts handle disputes involving consumer rights, including issues related to leases and personal property. Since the vehicle was used for personal purposes and you signed the lease, it strengthens your position to approach civil court.
However, since the lease agreement is in your company's name, there might be nuances related to business law. Consulting with a legal advisor would help clarify the best course of action based on your specific circumstances and ensure that your rights are protected in the appropriate court.
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