QUESTION
Can a rent to own furniture company have you arrested for theft?
Asked on Jun 17th, 2013 on Bankruptcy - Michigan
More details to this question:
They've left voice mails threatening to have us arrested for defaulting on our payments. But when we were making payments, the invoice never showed a balance difference. Then we had to move to another city because my husband's health deteriorated and needed help from family. They've been very aggressive in their collection attempts. I'm no longer able to work as I'm caring for our children and my husband and are living on a fixed income. I've paid so much into the furniture that I don't want to let it go. More than what the furniture is actually worth. I still have a balance of about $700. So can we really be arrested for theft?
4 ANSWERS
It is a violation of state and Federal law to do so.
Answered on Jun 17th, 2013 at 9:44 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
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It depends on the contract, and if there is only $700 left you may be better paying it off as opposed to hiring an attorney. Rent to owns are VERY aggressive.
Answered on Jun 17th, 2013 at 9:43 PM
Debt Collection Attorney serving Chicago, IL
Partner at
Edelman, Combs, Latturner & Goodwin, LLC
2 Awards
If they have a right to retake possession of the furniture, you cannot conceal it for the purpose of preventing them from doing so. If they do not know its location, you should disclose that. Other than that, nonpayment of a debt is not criminal.
Answered on Jun 17th, 2013 at 9:42 PM
Dennis P. Mikko
If this is a consumer transaction, they may have a right to obtain possession of the furniture but is unlikely that there is a criminal action for theft. To determine your rights, you should carefully review the contract you signed at the start of the transaction. You may want to have that contract reviewed by an attorney.
Answered on Jun 17th, 2013 at 9:42 PM