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  1. #1
    Join Date
    May 2007
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    4

    Question Accused Of Theft Over Late Payments For Rent-To-Own Furniture

    I live in Pa. I rented furniture from Premier Rentals. My last payment was 12/20/06. I could no longer afford payments. They called and came to collect a few times. I called them and left a message that they could come on 3/12/07 at 3:00 p.m. to pick up the things. He came picked up the things and told me that they had filed theft charges on 3/07/07 and there was nothing I could do because it was out of their hands and I owed them back payments. On 4/13/07 I received a letter from the magistrate it was a summons for a criminal case of theft of movable property and theft of leased property. The hearing was held 5/18/07. The magistrate gave me until 7/3/07 to pay back payments which I know I owe. If I don't pay then I have to go to court on theft charges and face jail. I would like some advice. Pa. has a Rental Purchase agreement act. If i am reading this correctly RTO is a creditor and has to go by debt collection trade practices.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    73,019

    Default Re: Accused Of Theft Over Late Payments For Rent-To-Own Furniture

    Are you asking if there is some way you can assert collections law in order to trump the magistrate's instruction? No. The magistrate is dealing with this as a criminal matter, and is giving you the opportunity to avoid being criminally prosecuted for theft of rental property. It would be a very wise thing, to take that offer and pay what you owe.

  3. #3
    Join Date
    May 2007
    Posts
    4

    Default Re: Accused Of Theft Over Late Payments For Rent-To-Own Furniture

    I am not trying to get out of paying. I know I owe the back payments. What i was asking is if this was the wrong way of collecting the back payments. I have every intentions of paying. Is there any recourse after the debt is paid. Like filing something under fair debts collections or something else.

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
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    73,019

    Default Re: Accused Of Theft Over Late Payments For Rent-To-Own Furniture

    They don't have to believe your promises to come up with your late payments or to later permit repossession, no matter how sincere they may be.

  5. #5
    panther10758 Guest

    Default Re: Accused Of Theft Over Late Payments For Rent-To-Own Furniture

    You have property that you have not paid for. Thats theft! You might want to read the rental terms I am certain there is a line about this somewhere. Regardless you agreed to pay for this property and would be allowed to use it while doing so. You now have this business property but are not paying for it again this meets the desripation of theft

  6. #6
    Join Date
    May 2007
    Posts
    4

    Default Re: Accused Of Theft Over Late Payments For Rent-To-Own Furniture

    They have had the property since 3/12/07. I didn't receive summons until 4/13/07 and preliminary hearing was 5/18/07. I am not trying to get out of paying for the time I had the property but papers were filed on the 10th of April almost 1 month AFTER I returned the property. If they have the property how can I be charged with theft. They should of filed a civil complaint if they are going to file any thing. Pa code states: "Lessor." A person in the ordinary course of business, regularly offers to rent or arranges for personal property to be rented pursuant to a rental-purchase agreement. A lessor is a creditor as defined in 37 Pa. Code 303.2(relating to definitions), when owed or alleged to owed a debt and subject to 37 Pa. Code Ch.303 (relating to debt collection trade practices)

    Maybe I'm missing something here.

  7. #7
    Join Date
    May 2007
    Posts
    4

    Default Re: Accused Of Theft Over Late Payments For Rent-To-Own Furniture

    I should clarify. RTO company told me they had already filed theft charges when they picked up furniture but magistrate papers were file and stamped April 10,2007. I also called 3 times after receiving magistrate papers to inquire the amt. I owed and they wouldn't give me the amount.

  8. #8
    panther10758 Guest

    Default Re: Accused Of Theft Over Late Payments For Rent-To-Own Furniture

    You can solve your problem simply by paying what you owe!

  9. #9
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,126

    Default Re: Accused Of Theft Over Late Payments For Rent-To-Own Furniture

    Quote Quoting Bonnie714
    View Post
    They have had the property since 3/12/07. I didn't receive summons until 4/13/07 and preliminary hearing was 5/18/07. I am not trying to get out of paying for the time I had the property but papers were filed on the 10th of April almost 1 month AFTER I returned the property. If they have the property how can I be charged with theft. They should of filed a civil complaint if they are going to file any thing. Pa code states: "Lessor." A person in the ordinary course of business, regularly offers to rent or arranges for personal property to be rented pursuant to a rental-purchase agreement. A lessor is a creditor as defined in 37 Pa. Code 303.2(relating to definitions), when owed or alleged to owed a debt and subject to 37 Pa. Code Ch.303 (relating to debt collection trade practices)

    Maybe I'm missing something here.
    But, on the date they filed, 03/07 YOU had the property. Returning the property AFTER you have been charged with theft, doesn't drop the theft charge. You had the property for almost 3 months with no payments. THAT is what the theft charge is about.

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