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  1. #1
    Join Date
    Jun 2008
    Posts
    3

    Default Rental Contract Allegedly Broken, Arrest Warrant Issued

    My question involves an arrest warrant from the State of: Florida

    I am very displeased with Avis. My boyfriend & his mother rented a car about 2 months ago with a contract of one week. They quickly realised that they would be needing the rental for a longer period of time than originally thought & therefore called to extend the rental. After about 3 or 4 times of calling to extend the rental, a customer service representative told my boyfriend that he doesn't need to call anymore, just bring the car in when they no longer need it. Well, he went this morning (11 June) to return it and lo and behold the car had been reported stolen & an arrest warrant issued for my boyfriend's mother. Even though they are there returning the car that is clearly NOT stolen, they say that there is nothing that can be done about the arrest warrant, nor can they pay their bill. This warrant should have NEVER been issued in the first place as my boyfriend called repeatedly to extend the rental. Now they are in a pinch because they are not US Citizens & therefore have no idea what to do about this - don't even know where to start.

    It is my sincere hope that Avis will attempt to remedy the situation because this is THE COMPANY'S FAULT. However, they told us that there's nothing they can do and that once a warrant is issued, it won't go away. My boyfriend and his sister are going to go to the police station and see if they can get more information. Honestly we're just scared that this has already escalated beyond something that can be taken care of easily. My "mother-in-law" is here on vacation presently and will be leaving the country in a couple weeks. What happens if she tries to leave? Will they arrest her at the airport?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Rental Contract Allegedly Broken, Arrest Warrant Issued

    However, they told us that there's nothing they can do and that once a warrant is issued, it won't go away.
    They are correct. It only goes away when the person is taken into custody or the judge rescinds the warrant (the latter hardly ever happens).

    Your boyfriend needs to hire an attorney for his Mom RIGHT NOW.

    Do not wait around hoping Avis will make it right - they won't. He needs to gather up documentation and take it to an attorney immediately to keep his Mum out of the clink.

  3. #3

    Default Re: Rental Contract Allegedly Broken, Arrest Warrant Issued

    You may think about getting your phone records show when he called the rental company. (just for your evidence)

    How long has it been since he called the rental company, I could understand if he hasnt contacted the rental company in a month.

  4. #4
    Join Date
    Aug 2006
    Posts
    563

    Default Re: Rental Contract Allegedly Broken, Arrest Warrant Issued

    what did he do about the call from Avis when they asked him where the car was right before they issued the warrant?

  5. #5
    Join Date
    Jun 2008
    Posts
    3

    Default Re: Rental Contract Allegedly Broken, Arrest Warrant Issued

    Quote Quoting THEAMAZINGCHAN
    View Post
    what did he do about the call from Avis when they asked him where the car was right before they issued the warrant?
    To be honest with you he never received a call from them. The person whom he spoke with at the rental agency did not have my boyfriend's cell phone number, only the apartment number and his mom's cell phone. As for the mom's cell phone, she was out of the country and the phone would not work for roaming. No message was left on the answer machine in the apartment. Someone mentioned earlier that we should get phone records to verify that my boyfriend called Avis. Thank you for the advice, we're going to check into getting them from the phone company.

    My urgent question is this: if there is an arrest warrant issued for someone and they try to travel internationally, what is the probability that they will be stopped at the airport? Will an arrest warrant appear in the airline's computer? She leaves in two weeks & then returns to the country a couple weeks later only for a connecting flight to another country. They are hoping that she will be able to leave the country, however, I'm nervous because the general consensus is that this warrant will never go away & therefore it is only a matter of time before it catches up to her (even though it is all a misunderstanding).

  6. #6
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Rental Contract Allegedly Broken, Arrest Warrant Issued

    I'm nervous because the general consensus is that this warrant will never go away & therefore it is only a matter of time before it catches up to her (even though it is all a misunderstanding).
    That's not "general consensus". That is a matter of pure fact.

    The probability of her being arrested at the border is high. I assume that she's been charged with grand theft auto, which is a pretty serious crime, carrying a penalty of at least a year in jail. Since she's not a citizen, she's also looking at deportation and being banned from returning to the US.

    Remember what I said a week ago about her needing a lawyer right now? She still does.

  7. #7
    Join Date
    Jun 2008
    Posts
    3

    Default Re: Rental Contract Allegedly Broken, Arrest Warrant Issued

    Thanks, I'm looking up defense attorney's now. One final question, if it can be proved that this was a misunderstanding and a mistake on the rental company's (Avis) behalf, is there the option of suing them for lawyer costs incurred? I don't know if they want to go through that additional hassle, but I would like to know for my own information.

    Thank You!

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Rental Contract Allegedly Broken, Arrest Warrant Issued

    If a prosecutor authorizes charges, there's no recourse against the alleged victim for the prosecutor's charging decision.

  9. #9
    Join Date
    Jun 2008
    Posts
    273

    Default Re: Rental Contract Allegedly Broken, Arrest Warrant Issued

    2 *months* of no contact on a couple-day rental, from a verbal ok?

    The last time I rented a car was for 3 days while my car was in the bodyshop. The work took longer than expected and Hertz gave me a verbal OK to keep the car another couple of days. So I don't have any problem with the suggestion that a rental company would verbally extend a rental.

    - Were payments being made to the rental company during this time?
    - Was any further contact initiated towards the rental company to let them know that the rental is continually being extended?
    - Was any contact initiated by the rental company to approve the continued rental?

  10. #10
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Rental Contract Allegedly Broken, Arrest Warrant Issued

    Let's look at this from the rental car company's (and the prosecutor's) point of view.

    You rent a car for a week. At the end of the week, you say you need it for a bit longer. The agent gives you a verbal okay thinking you need it for another day or two.

    TWO MONTHS go by.

    Avis starts wondering where the car is. They call you. No answer.

    The try to find you. No answer.

    They figure that the cell phone number is bogus and that they have been scammed.

    They report the car stolen.... like they do a hundred times a day.

    you decide to return the car... which, by now, has a several thousand dollar tab on it.

    To be honest, I am surprised that they gave you more than a couple of days before they reported it stolen.

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