Refusing to Return Leased Merchandise

[Upsetperson1]

My question involves criminal law for the state of: Texas
Does a person have the right to hold merchandise in their home that is not in their name and refuse to let to let the reposession take place by the company it was leased from by another individual?

[llworking]

My question involves criminal law for the state of: Texas
Does a person have the right to hold merchandise in their home that is not in their name and refuse to let to let the reposession take place by the company it was leased from by another individual?

Maybe, maybe not, I think that we would need more details.

[Upsetperson1]

Maybe, maybe not, I think that we would need more details.

Well the merchandise is soley in my name and it is two months past due. I have paperwork stating that I'm the I'm starting the reposession process for the second time. The first time the person said that would refuse to let them enter the house to pick it up. My name is still on the lease for the house where the merchandise is being held without payment being made on it. It's my ex and she is refusing to return it. What's the vest thing to do? Someone said it may be criminal since she is refusing to allow it to be picked up and is no longer making payment.

[jk]

You don't repossess the property the rental company owns. You might try contacting the police but given it is property you rented and is within a place you did reside I suspect here is a dynamic here you aren't explaining and that would cause the cops to tell you it's a civil matter. You can sue seeking it be returned to you though. The leasing company can repossess the property though if there are no payments made.

Your ex does not have to allow anybody into her home unless a court says otherwise.

You might be able to let them into the home but not knowing why you aren't in the home would weigh heavily on that issue.

[Upsetperson1]

You don't repossess the property the rental company owns. You might try contacting the police but given it is property you rented and is within a place you did reside I suspect here is a dynamic here you aren't explaining and that would cause the cops to tell you it's a civil matter. You can sue seeking it be returned to you though. The leasing company can repossess the property though if there are no payments made.

Your ex does not have to allow anybody into her home unless a court says otherwise.

You might be able to let them into the home but not knowing why you aren't in the home would weigh heavily on that issue.

I'm not in the house because she packed my items and placed them outside while I was at work late due to a meeting. Her friend rumored that I was involved in outside affairs but had no proof. I've been trying to get back a washer, dryer, refrigerator, computer and two tablets since. She refuses to allow the company to pick it up. Once again it is soley in my name and my name only.

[TechWorker]

I'm not in the house because she packed my items and placed them outside while I was at work late due to a meeting. Her friend rumored that I was involved in outside affairs but had no proof. I've been trying to get back a washer, dryer, refrigerator, computer and two tablets since. She refuses to allow the company to pick it up. Once again it is soley in my name and my name only.

If your name is on the lease of the house, why can't you just enter the home?

[free9man]

If the merchandise is in your name, why are you not making the payments?

[Upsetperson1]

Because she said she would keep it and make payments after I moved out, well was forced out. I've tried once before to have it picked up due to failure to make payments and she refuses to turn over the merchandise.

[jk]

So you willingly allowed the items to remain in the home. That makes it 100% a civil matter. The police will not get involved (other than possibly a cursory appearance to suggest some action (non-binding)).

So, if you are getting divorced i suggest you get on the ball and get it rolling. In your filing you can ask the court order she relinquish the rented items so you can return them, keep them and continue the rent, or anything else you choose.

If you aren't getting divorced I suggest you file suit seeking the court demand she return the items to you.

in the meantime I suggest you continue to pay the rental fee if you wish to prevent the issue with the rental agency from escalating.

[free9man]

If you are not legally barred from entering the home due to some form of court order or trespass warning, take a day off work when you know she is working and go retrieve the items. Since you are on the lease, barring an order to stay out, you have as much right to be in the home as she does.

If you are legally barred from entering the home, keep on making those payments. It is your credit that will get ruined if you don't, not hers.