What to do if our company has a lease agreement with an equipment leasing company that is now in default and has been forwarded to a collection agency?

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What to do if our company has a lease agreement with an equipment leasing company that is now in default and has been forwarded to a collection agency?

However, we have an invoice from the leasing company that is due in 12 days. The collection agency is charging us for the renewed contract (12 month term) which automatically renewed. Could we pay the invoice that is still pending to the leasing company (amount is a lot less than what the agency is asking for) and be able to terminate the contract at that point?

Asked on November 8, 2013 under Business Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can only terminate the contract in accordance with the contract's own terms--that is, if the contract provides a mechanism or procedure for termination and you follow it and do it within whatever time frame is provided for. Similarly, you need to check the contract to see what happens in the event of a default--if they are allowed to seek costs of collection (or legal fees, etc.), then you'd likely have to pay the higher amount. You may be able to negotiate to pay a lower amount, or to allow you to terminate; but that is voluntary on the other side's part, unless and only to the extent that the terms of the contract itself allow you to terminate now or pay a lower amount. You need to review the contract's terms carefully; if unsure of your rights, have an attorney review the contract and situation with you.


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