[saintgator]

My daughter rented a movie at this store 4 years ago. She returned it and about 1 year later received a call from the owner stating the movie wasn't returned. He told her that he could have rented it out every day if it was returned so she owes #1,000.00. He then said he would settle for $600. She thought it was a joke until 2 weeks ago when she received a letter from a collection agency stating she now owes $2200.00!! For a $30 movie? It's on her credit rating now. Any suggestions on how to deal with these parasites would be much appreciated.

[big1bird]

It seems that the damages are $30, for the movie. If it was such a hot movie, then he was a poor businessman in not getting another copy.

What state are you in?

[saintgator]

I agree... should have bought another copy of "The Imortal" and asked us for $30. Obviously a scam but how do we get her credit clean. We are in Ontario Canada.

[mr.yet]

Dispute the claim of the debt collector, make them proof their claim.

[saintgator]

I can call or write them disputing their claim, but in the meantime it's stuck on her credit.

[RickJ]

I suggest she complain to the State Attorney General. I don't know about other states, but in mine, the AG is VERY helpful in getting action in matters such as these.

[ScottGem]

This rental place had this posted on her credit history? I would counter sue him for defamation of character etc.

Let me give you the argument you take to court. If there was demand for this movie, and he didn't have any copy, why would he have waited a year to contact her? Clearly, either there was no demand for the movie or he had sufficient other copies. Offer to pay retail price for the movie in exchange for dropping both suits (his and yours).

[RickJ]

... just an addition to point out...

I would counter sue him for defamation of character etc.

No lawsuit is necessary to enter a negative on the credit report, so a "counter suit" is not applicable.

... and worse yet - for the case of someone who has a wrongful entry on the credit report by a merchant such as this - even small claims court is no good, as there is no financial damage to sue for.

Indeed, you can sue for defamation of character... or sue to have the entry retracted... but that costs you up-front.

[ScottGem]

If you have been refused credit because of the negative entry you have incurred damages.

[saintgator]

If you have been refused credit because of the negative entry you have incurred damages.

Thanks everyone... think I'll attack this from a few angles. Contact A.G. office and BBB. Talk to a lawyer (free consult) to see my options. At best though, I'm sure this is going to cost $$$ when in fact the worst case should be restitution for the movie. Apparently this guy is known for this around here but is out of business now and it's in the hands of a collection agency.