Legal Question in Civil Litigation in Florida
Hi I live in Florida And about 7 months ago my brother rented a ps3 from aarons and I signed secondary on the account. About 2 months ago my brother stopped payin them cause he lost his job and he left the state with the ps3. Now aarons is calling and coming by threatening me with a 3rd degree felony if I don't return the ps3. At the time I can't make the full payments but i did offer a little each week cause at the moment I can't afford anymore, my question is Can aarons file a 3rd degree felony against me if I'm not able to pay/ get the product back from my brother?
1 Answer from Attorneys
The felony charge they are threatening is for failure to redeliver hired (rented) property. Your brother could potentially be charged for this, but you can not provided your not the one refusing to return it. By signing on the account you likely do have a financial obligation but the worst they can do is send you to collections. In Florida it is illegal to threaten legal action that you do not have the right to take in order to collect a debt. If they continue to threaten to charge you with a crime, contact a Consumer Protection Attorney to file a collection harassment suit (the law provides for attorney's fees so you will not owe the lawyer).
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