Legal Question in Consumer Law in Alabama

movie rental

I rented a movie from a local independant rental store. I thought i had returned the movie. The business kept calling me until about 21/2 I returned their phone call. The owner indicated that I had a movie that had not been returned. I explained to her that I thought I had returned it. I told her that I would look again and asked about the rental fees. The owner said that it was a seldom rented movie and that they were going to put it on close out. She indicated that if I could not find it she would just charge me for what the movie cost them which was 15.00 dollars. I forgot about it until I received another phone call from her that she was taking a warrant out for my arrest. I promptly went to the location and offered to pay her what we had agreed to over the phone, I even offered to pay for the case. She indicated at that time that I owed her 125.00 in late fees. I told her that that was not what we had agreed to over the phone. She became extremely agitated and asked me to leave. I told her that I was only trying to pay her for the movie, at the amount she had agreed to. She called the police because she said I would not leave. What is my obligation to her.


Asked on 10/11/01, 6:13 pm

1 Answer from Attorneys
Jon Lewis Lewis, Feldman, & Lehane, LLC

Re: movie rental

Has she sworn out a warrant? Do you have the movie? Did you return it? Have they shown you all of their records? How do they know an employee didn't misplace it or steal it? She would have to prove beyond a reasonable doubt that you took the movie and failed to return it with the intent to steal before she could swear our a warrant on you. I do not know what agreement you signed with the company when you signed up as a member so I cannot state what you may owe in late charges. I think it would be unconscionable for you to have to pay more than the cost of the rental tape and any lost rental fees.

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Answered on 11/26/01, 12:33 pm


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