Legal Question in Credit and Debt Law in California
I co signed for my now ex boyfriend on a xbox and mattress set that he rented from Premier rental, which is a rent to own company. He has stopped making the payments and has refused to return their items. They are now calling harassing me saying they are going to the attorney generals office to press charges aganist me. And I will have a warrent for my arrest for theft. I have told them that I do not have their stuff and I do not know were he is, I have also tired to setup a payment plan and btold them I can make a payment next week but they said no I need to make one now or im going to jail. Can they do that?
1 Answer from Attorneys
No. It is against the law to threaten people with jail to collect a debt and you have the right to sue them for doing so. That said, you did co-sign, so you do owe them the entire value of what your ex-boyfriend stole from them. I trust that you have learned from this never to co-sign anything for anybody no matter what. Keep a diary of the threatening phone calls. There is zero risk that you would be arrested or criminally charged. You might want to consider suing Premier Rental for unfair debt collection practices, and to also sue your ex-boyfriend. He might have some risk of being arrested or charged with embezzlement.
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