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hertz taking advantage of me Garnishment

Discussion in 'Other Debt, Collection, Garnishment' started by stuck2100, Mar 20, 2015.

  1. stuck2100

    stuck2100 Law Topic Starter New Member

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    so I rented a car for a few days using my debit card. while I was shopping in a store my friend in the car found the spare key in the glovebox and without my permision used it run to the liquor store and managed to get pulled over for dui, unotherized use, and marked lanes violation. I went to the tow company the next day to retrieve the car and was to I could not hertz had to take possession of the car. I contacted hertz on two different occasions told them where the car was, and what happened. assuming things where taken care of I left it alone. three weeks later I received a letter saying if I didn't return the car it would be reported stolen. I then called again and repeated the story and was told I would get a call back. that never happened. a few days later I received a letter stating I owe for 3 weeks and 3 days of rental fees, along with towing and storage fees all totaling $2100.10. I am on ssdi they emptied my account and put a lean for $1500. Not to mention all my overdrafts and unpaid bills. at this point I have zero money for 3 months. my bank says I cant stop it and am helpless please give me some advice
     
  2. army judge

    army judge Super Moderator

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    You should contact a lawyer. You can't unravel this. A call to social security MIGHT help.
    It all depends on WHAT type of benefits you are receiving.
    Hertz has done nothing wrong, as far as I can tell.
    There might have been a slip up as to WHOSE account from which they snatched the loot.
    Contact SS ASAP and inquire.
    You see, certain social insecurity funds are untouchable by creditors.
    Otherwise, that Hertz rental agreement is ironclad.
     
  3. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Technically the car may have been stolen by your friend. And the problem for you is that you're on the hook for the security and reasonable care of the car. Leaving a key in the glove compartment is something I cannot comprehend. It either sounds very suspicious or incredibly foolish. More likely is that you loaned the car to your friend and he was irresponsible, leaving you with a problem. Even if you're really telling the truth, your remedy would be to get money from your friend to pay for the damage or failure to return the car. I don't understand if you're trying to tell us that you rented a car, didn't return it and thought you could just tell Hertz "go pick it up from this police impound." It seems that is what happened. And you think you're not going to pay for failure to return the car to Hertz as conveniently as they rented it to you?

    I agree with army judge but I don't see this working out well. You're going to have to find a way to pay an attorney if you want help since this is a civil case, unless a bar association or student law clinic may help. I don't know whether the money taken was SSDI money and your best bet is to speak to them and, obviously, not put money in your account blindly. They exercised their right to recoup on their loss and you've got a hill to climb. I'm sorry but I don't see an easy way out of this.
     
    S&Jm82001 likes this.
  4. stuck2100

    stuck2100 Law Topic Starter New Member

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    The car was at the tow lot and would only be released to hertz the rental came with two keys and I just threw the second in the glove box cause I have a tendancy to loose things thought it would be safe there I was shopping at dicks an he was in the car waiting and apparently found the key and left me stranded. I told hertz where the car was on two separate occasions. I had no way to bring the car back
     
  5. Betty3

    Betty3 Super Moderator

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    Call social security & verify if they were allowed to take the type of SS you are receiving.
    Call the bank & verify to be positive they had a court order for them to take money from your account.
    Maybe your local legal aid society can help you. Do you have a law school in your area where you might get free help?
    It "might" end up where you may need to sue your "friend" (not much of a friend) in small claims court to try to get your money back from your friend.

    Someone else may come along with some additional suggestions. Good luck.
     
  6. disagreeable

    disagreeable Well-Known Member

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    The agreement he signed would allow them to take the money. Whether SS can intervene since it was a debit purchase and not a lien/seizure is doubtful. It is no different than if he used it to charge the money at a grocery store. I don't think Hertz is taking advantage of you. I think they are enforcing their contract to the maximum you agreed to. Don't rent cars you cannot afford to have tied up due to your negligence. Do not leave keys laying around.
     
    Last edited: Mar 20, 2015
  7. Betty3

    Betty3 Super Moderator

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    You might go ahead & talk to a lawyer if you can. It seems you tried to get the car from the tow facility per both of your posts but they would only release it to Hertz & you notified them of this. However, I can't say that you are free of any liability.
     
  8. stuck2100

    stuck2100 Law Topic Starter New Member

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    So after a lot of conversing with hertz they have agreed to refund the money with proof of the police report stating that the car was used without my consent. Thanks for the advice, and i'll keep you informed if it works out for me.
     
  9. Betty3

    Betty3 Super Moderator

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    Thanks for the update - hope it works out for you.
     
  10. army judge

    army judge Super Moderator

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    Well, good for you. Don't ever haul that old drunkard around in your car. He's a drunkard and a thief. He's also a bad driver, and possesses poor judgment for a senior.
     
  11. disagreeable

    disagreeable Well-Known Member

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    I hope it works out for you also. I know living on disability is not easy. As a matter of fact, I ran into a friend, disabled vet, on his scooter going down the road. His car key dropped out of his pocket when he was looking for cans roadside. He was on day 3 of retracing his steps. He said the GM dealer wanted $40 to research and make a duplicate key. I followed him home and took him to the dealer, bought a replacement key and stopped at a store to have a duplicate made. Then we had to play with the locks because it had been years since they were manually opened by key as he always had used a clicker.
     

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