I am being sued by ZIPCAR

[LUISaCortes]

What is the name of your state?NJ
I am being sued by zipcar. They are claiming I caused damage on a car of there's. I never rented the car it has been since 2013. I didn't receive anything until 2017. When I received a letter I called, telling them it was a mistake. I didn't hear anything until this past weekend when I received a letter stating I am being sued. What can I do?

 

[Just Blue]

What is the name of your state?NJ

More information will be needed.

 

[PayrollHRGuy]

Are they saying you damaged their car while you were renting it or had an accident involving one of their cars?

 

[LUISaCortes]

Are they saying you damaged their car while you were renting it or had an accident involving one of their cars?

They claim I rented the car. Which I didn't.

 

[FlyingRon]

Did you have your own auto insurance during the period in question? If so you may get protections there.

Were you enrolled with Zip Car?

 

[quincy]

What is the name of your state?NJ
I am being sued by zipcar. They are claiming I caused damage on a car of there's. I never rented the car it has been since 2013. I didn't receive anything until 2017. When I received a letter I called, telling them it was a mistake. I didn't hear anything until this past weekend when I received a letter stating I am being sued. What can I do?

You believe this has something to do with defamation because you never damaged a Zip Car and Zip Car is falsely saying you did?

False statements made in the course of and with reference to a judicial proceeding by any party would be privileged. This privilege covering court filings would make the statements immune from any defamation claim.

If you are being sued and the complaint you received is claiming you did something you didn't do, the place to argue the falsehood will be in court. But the falsehood will not provide you with a counterclaim for defamation.

Here is a link to New Jersey's defamation law. There is a one year statute of limitations for filing a defamation suit in New Jersey.
http://www.dmlp.org/legal-guide/new-jersey-defamation-law
You can consult with a New Jersey attorney to go over the summons and complaint you received and how to handle the lawsuit. It is possible the suit could be dismissed rapidly (perhaps due to mistaken identity?) or perhaps you have a good defense that can allow for a quick settlement before trial.

More information could be helpful.

 

[LUISaCortes]

Did you have your own auto insurance during the period in question? If so you may get protections there.

Were you enrolled with Zip Car?

At one time I did under my job. This apparently happened after I changed jobs and I gave in my card to my boss at the time.

 

[LUISaCortes]

You believe this has something to do with defamation because you never damaged a Zip Car and Zip Car is falsely saying you did?

False statements made in the course of and with reference to a judicial proceeding by any party would be privileged. This privilege covering court filings would make the statements immune from any defamation claim.

If you are being sued and the complaint you received is claiming you did something you didn't do, the place to argue the falsehood will be in court. But the falsehood will not provide you with a counterclaim for defamation.

Here is a link to New Jersey's defamation law. There is a one year statute of limitations for filing a defamation suit in New Jersey.
http://www.dmlp.org/legal-guide/new-jersey-defamation-law
You can consult with a New Jersey attorney to go over the summons and complaint you received and how to handle the lawsuit. It is possible the suit could be dismissed rapidly sky (perhaps due to mistaken identity?) or perhaps you have a good defense that can allow for a quick settlement before trial.

More information could be helpful.

I tried to get legal aid but I leave messages and no response.

 

[quincy]

I tried to get legal aid but I leave messages and no response.

Did you receive a summons and complaint with a court appearance date? Or did you just receive a letter threatening a lawsuit?

 

[FlyingRon]

At one time I did under my job. This apparently happened after I changed jobs and I gave in my card to my boss at the time.

Any chance your boss used your card (or gave it to someone else to use)?

 

[not2cleverRed]

Any chance your boss used your card (or gave it to someone else to use)?

You type faster than me.

 

[Just Blue]

You type faster than me.

Me too...

 

[quincy]

It sounds like Zip Car has confused you with another person, especially if you have not used Zip Car since 2013, you are no longer with the company, and you were not notified of vehicle damage until 2017.

You can continue to call legal aid clinics and, if you have a law school near you, you might want to see if there is a law professor who is willing to discuss the lawsuit with you.

This sounds like something that can be dismissed rather quickly.

 

[FlyingRon]

If the proximity card used to unlock the key was the one issued to him, he may have more difficulty. Details would be needed.

 

[quincy]

If the proximity card used to unlock the key was the one issued to him, he may have more difficulty. Details would be needed.

Details are always helpful.