QUESTION

Can my son be arrested for taking the television across the state and paying the amount he owed to a branch of the company in NC?

Asked on May 03rd, 2013 on Bankruptcy - North Carolina
More details to this question:
My son bought a television in South Carolina and owes about $400.00 on it. He then moved to North Carolina with the television and has made several payments through a same company here in North Carolina which were sent by them to South Carolina. He has had hard time recently and sold the television. Now can't make payments. They are saying they are going to have him arrested because he took it across state lines even though they have known for months that he did and has accepted payments from here.
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2 ANSWERS

Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC at Love and Dillenbeck Law
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This sounds like a very empty threat. People purchase items on credit and move across state liens all of the time. This company is using some very aggressive means to attempt to collect the debt. I suggest you contact an attorney to discuss potential unfair debt collection claims. It is illegal to claim to be in the midst of doing something they have no intention of doing.
Answered on May 08th, 2013 at 4:34 AM

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Was this actually a purchase or a rent-to-own? If your son is renting the television and could not afford to make payments, then he needed to return the television. If he bought it, then the question is whether it was financed such that the merchant retained a security interest in the property until it was paid for. It is a crime to dispose of property in which a merchant/lender has a security interest. It is also a crime for someone who is renting to dispose of the rented property and not pay for it. If I were your son, he should carefully read his agreements and he should find a way to pay for the tv in order to avoid criminal prosecution.
Answered on May 08th, 2013 at 1:38 AM

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