My question involves criminal law for the state of: Florida and Kentucky
Lived and worked in Ky.
Flew to Fla, rented car for one day, the next day I called and extended car rental to a week to drive home to Kentucky for a one way drop off. They gave my friend the keys, let her pick out the car, and let her drive out of the lot after checking our paperwork on video.
Initially had no other authorized drivers. Added one the next day on phone, but was later told this was invalid as was not in writing. Made payment.
Kept car the week, drove home second day. My friend, left to turn the car in at the end of the rental period. This was person I mentioned above. She did not. She was supposed to be going away with boyfriend for a few days on way to turn car in. Two days later, I am advised she had not. It took me another day to get her to respond to me. She stated the car was left with the keys in it, and must of been stolen. She said she had been hospitalized and was unable to turn it in due to illness. She said she almost died.
She sent others to look for it.
I was notified she had not turned it in, by 2 letters, addressed to my residence in Ky, advising it be turned in to the nearest office, which would of been Ky. She did not notify me of any of these events. The car company did not call me. I was notified by these letters, then contacted by an investigator. When notified, I immediately contacted the police, the sheriff, and the county attorney. I also gave a report to the airport police in Fla. They refused to file a report under Ky law, they said I had gifted her the car. They refused to let her once I made contact with her and got her side of it. They said the car company had to do it, as they were the owners. The car company refused, insisting Fla law required me to obtain it. The Ky police stated They were not bound by Fla law. I offered to pay the rental monthly until the car could be found. They refused. I reported it to my insurance, who informed them they needed them to report it and confirmed the police would not file a report. They filed a stolen car report in fla against me after they spoke to my insurance company. They stated I rented the car and disappeared. The police officer also stated I had disappeared. Both parties denied knowledge or communication with me. A sheriff came to my home and spoke with me about it. People I worked with were questioned. Nothing happened in Ky. Fla filed a warrant for my arrest with specific intent of fraud/failure to return a hired vehicle. They and their investigator spoke to me many times...
I was not notified of the warrant. I was informed that they would pursue video at the place of theft and notify me of any changes.
6 months later, I find out she has the car when I am on vacation in SC. She is driving the car. I contact the police in Ky. They said they would look into it. A week later, she is still driving the car. Others in Ky report it to the police with no arrest or intervention. I contact Fla. They do not respond. The investigator called me back. Within one hour of him calling the police in Ky, they arrested her with the car. Initially, they refused extradition. They enforced extradition after I helped them locate the car.
I was transported to Fla and face a 3rd degree felony. I spent a month in jail. I have never been in any trouble. I have witnesses and emails.
My questions are:
Do I have a civil case for suit?
What state would be proper for this to be heard in? Who has jurisdiction?
Thank you in advance for your input.
Failure to Return a Hired Vehicle
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05-22-2016, 11:25 PMLizzytizzyFailure to Return a Hired Vehicle
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05-22-2016, 11:37 PMMr. KnowitallRe: Failure to Return a Hired VehicleAgainst your friend? It sounds like your friend is a world-class deadbeat. If you get a judgment, does she even have two cents to rub together that she could apply toward the amount she's ordered to pay to you?Quote:
Quoting Lizzytizzy
Your story is unclear. You first say that you rented a car for one day while in Florida, and then called to extend the rental to a week. You then suggest that your friend picked out the car and obtained the keys, suggesting that you weren't present. In any event, as you drove home to Kentucky, and you have not alleged that your friend committed any wrongful acts in a state other than Kentucky, it would appear from what you've told us so far that any litigation against your friend should occur in Kentucky.Quote:
Quoting Lizzytizzy;
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05-23-2016, 06:31 AMLizzytizzyRe: Failure to Return a Hired VehicleMy question was to be where does the car rental agency file their suit against me? This is what they did. They filed in Florida against me. They filed criminal charges against me. I feel that if any suit is to be filed, it should of been in Ky. I rented the car in Fl. It was to be turned in to Ky, the demand letter was sent there, the theft, attempts to report it, witnesses (except those who were spoken to on the phone) recovery, and everything else pertaining to the case happened in Ky. I offered to pay for the rental monthly until the car could be located. They refused. Ky police required they call them to report it stolen and authorize who could be in the car. They said neither of us could file a report as we did not own the vehicle. They said that once I allowed her to use the keys, and since the car rental agency was now insisting it was unauthorized use as I did not have this in writing, that I had gifted her the car. They said otherwise we would have to wait until the car was found, then the person found with it, could be charged with the theft of it. They would not do anything at all, until I spoke to Florida authorities once I had a report of the car and location and Florida contacted them. They would not do anything when others or myself reported it prior or after to the known location of the car.Quote:
Quoting Mr. Knowitall
I do not feel as if I did anything criminal. Arguably there may be a civil suit for rental fees. They reported no damages to the car. They refused to honor the insurance I purchased as her name was not on contract. My personal insurance did verify with them that they would cover any collision charges once the car was recovered, but without a theft report, and with the way the Ky police said it had to be reported to get one, they could not pay for theft, unless this was remedied. They reported the car stolen in Florida, and reported no one had heard from me since I rente the car. I feel Florida parties involved falsified the report in order to obtain a warrant which led to them arresting me, jailing me, extraditing me, and criminally charging me over a civil dispute, using a statute that enables bill collectors to allege whatever they like, with no penalty to the person filing the report, and this robs the individual of due process. At no time was I allowed to revoke authorization. I do not know what I could of done differently. I went to every agency I could. I was advised only the Ky police could give me a report and the police flat out refused under any circumstances to file a report of any kind at any time. I know this sounds bizarre. I am flabbergasted. I cannot believe that there was no remedy but to wait for the recovery of the car. I even had difficulty of having the car recovered. They still waiting until an authority of Florida contacted them. I have witnesses to this fact. Even under the broadest tears I feel I could of been charged with negligence, but certainly not theft. I did not move, my address and job remained the same. I paid for the rental as long as they accepted payment. I contacted all I was supposed to and stayed in contact with them. They did not extradite her. She was arrested in Ky and will stand trial in Ky. Her and the boyfriend. They could of alleged monetary damages. I feel they also were negligent. I feel that by refusing rental fees a the time of the injury, they surrendered the right to sue for them. I feel they intentionally falsified documents in order to obtain a recovery and obtain arrest, and jurisdiction over me.
Thank you so much for attempting to answer my questions. God bless you. -
05-23-2016, 06:43 AMjkRe: Failure to Return a Hired Vehicle
You rented the car in Florida. You said you were going to turn it in in Kentucky. You didn't. That makes Florida the only state with actual involvement. That was where the car was taken from after which it as never returned.
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05-23-2016, 06:48 AMflyingronRe: Failure to Return a Hired Vehicle
The car rental company doesn't file charges. They make a complaint. It is society that his harmed by your criminal behavior and the state is who prosecutes the case.
As for the civil suit venue, it can likely be filed either in Florida (where the contract was created that you breached) or in Kentucky (where you are residing).
If I'm reading your meandering rant correctly, the criminal charges arise from Florida. It does seem that there are enough aspects here to support a theft charge. Being charged with a felony pretty much mandates an attorney. You need to bring this entire soap opera to a good attorney. -
05-23-2016, 07:38 AMLizzytizzyRe: Failure to Return a Hired Vehicle
I appreciate your response. No one can agree where the criminal suit be filed. The only thing that occurred in Florida was the signing of the rental. No torts occurred in Florida. The witnesses are in Ky. The demand notice was sent to Ky. The notice demanded it be returned in Ky. Ky police said to have owner call them. They refused.
I understand this whole thing is a mess. You can be assured that I do not want to be in this soap opera of events as you call it. I'm faced with criminal charges. How could I have done anything differently? I had no reason to believe that my friend would not turn in the car. She had lived with me for a long time.
I am speaking with attorneys. I have to try and hire one, but I'm not even sure what state to do that in. The public defender hints it should be dismissed and filed in Ky. I guess I must sound like a bad person. I really tried to do everything I could. The minute I was made aware of the warrant, I turned myself in. They declined to extradite me. Well I know I did the right thing. I helped them get the car back. I hope to litigate this in Ky. Those are the laws I was bound by when reporting it. I do thank you and apologize for the rambling of my questions and story. I appreciate all your time and effort in giving me your opinions. -
05-23-2016, 08:12 AMadjusterjackRe: Failure to Return a Hired Vehicle
You've been charged in Florida. You hire a lawyer in Florida.
You've been sued in Florida. You hire a lawyer in Florida.
It's that simple.
The more you mess around without lawyers the worse it will be for you. -
05-23-2016, 08:14 AMbudwadRe: Failure to Return a Hired VehicleYou are a very poor judge of character to start with and just too lazy to take care of your own business. You leased the car in your name and signed the contract. That makes you responsible for it. The fact that you added your friend as a driver does not release you from your bailment to deliver the car. You didn't deliver the car, it was reported stolen, and now you are facing criminal charges.Quote:
Quoting Lizzytizzy
FYI, this is not a civil litigation as you keep intimating that will be dismissed or moved to a new jurisdiction. This is criminal prosecution by a state, that being FL.. -
05-23-2016, 08:39 AMLizzytizzyRe: Failure to Return a Hired Vehicle
A poor judge of character I might be. I had no idea that my friendship or trust would be betrayed. No prior behavior would of given rise to that suspicion.
I don't see how I was lazy. I tried. The car was stolen and not by me. A theft report would of been obtained had they only verified I had rented the car to the police since I had no paperwork. It all was in the car. They only had to tell the police I was the renter and no one else was or that they were authorized to drive the car. The police said this must be done in Ky. The police said neither of us were owners of the car. Neither of us could say who was allowed to drive it. They only had to make a phone call. They would not. The insurance company also informed them to make a report. I went to the states attorneys office in Ky. No office in Ky felt I had stolen this car.
I understand I was responsible for the car. I was deprived of the ability to return it. It was out of my control. It had been stolen. I reported it. Searched for it. Tried in every manner possible to mitigate the injury with the company. The company felt all they had to do was send those letters. The investigator for the company told me he would testify for me if he was called. I know I am facing criminal charges. I just don't understand why. There has been a motion filed to dismiss this. I can't hire anyone until I know what my course of action is. The judge reserved the motion. I have no idea how long. In the mean time, I wait. I have no clear direction. I am still figuring out how to fix this. Sir, with all due respect, laziness is not the issue IMO here. Thank you, however, for your opinion.
I refer to civil litigation because I feel when this is all said and done, I would be libel for monetary damages. I have no idea what I face from a criminal perspective. I do not think a jury would think as you do. I have proof and several witnesses that I had nothing to do with the theft of this car. They would verify that I tried in good faith. The car company wasn't being asked to report who stole the car. They only had to verify who could drive it and who had rented it, and that I had notified them I no longer knew where it was. I don't understand why this couldn't of been done. -
05-23-2016, 08:48 AMflyingronRe: Failure to Return a Hired Vehicle
You seem to think that the car company has some duty to go hunting for the car just because you lost it. Nope, it's up to you to return it or pay them the value of the car in addition to other loss of use damages. Your responsibiliy doesn't end just because you said "someone stole it."