Legal Question in Criminal Law in Florida

Rental Theft?

I obtained a laptop from a Lease-To-Own store on February 28th, 2007 with a 12 month contract. I was to pay approximately $160 per month for these 12 months. I gave them my first payment, and took the merchandise with every intention of paying it off in full. Then, in a very bad turn of events, I lost out on a lot of money (not by gambling or any other means such as these), I could not pay rent and lost my apartment, moved into a hotel for a week until I couldn't afford it anymore, and had to move 350 miles away from my original location of Gainesville, Florida to Fort Lauderdale, Florida. I was offered a place to stay, and a job with family some time later and have remained here in my new location ever since. The store has been calling the references I listed, leaving threatening messages of pressing criminal charges, and I do not have the cellphone that I had when I got the laptop, nor do I live at the same place. So they have no way of contacting me, but I'm afraid to contact them because they said there's no way out, once you lease, it's yours til it's paid off. Neither I or my wife wants for me to go to jail, I don't want a criminal record, and I don't want to go to court. What can I do? Please help!


Asked on 6/15/07, 7:59 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Rental Theft?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

First of all, as long as you either return the laptop or make the payments, any shortages are a civil matter and not a criminal matter so you do not have to worry about going to jail. I cannot say the same for court, however.

The rent to own companies generally are very aggressive in their calls and generally do take legal action for unpaid amounts or a breach of contract. They will often not negotiate with the consumer. I would strongly suggest that you contact an attorney to make an inquiry on your behalf and to try and negotiate an early return and payment on your contract. Failing such, be prepared to be sued for your breach of the contract.

Scott R. Jay, Esq.

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Answered on 6/16/07, 1:57 am


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