Legal Question in Credit and Debt Law in Illinois
theft of services
I own a small rental car business. Several of my customers renta the car and then do not return it for long periods. There money runs out, crredit card is topped or cancled and then they drop the car in the middle of the night. Can I press charges against them or am I limited to some civil recourse such as collection agency or law suit. Many times they disappear (change address, cancel phone or give false data in the first place. Ideally, I would like to have a warrant on file for their arrest if they ever surface (traffic stop, etc.) What recourse do I have. They seem to have more rights than I do.
1 Answer from Attorneys
Re: theft of services
Civilly, you can file suit against them, assuming that you can find them. Claims include breach of contract & fraud. With today's technology, it's much easier to find someone than it used to be. It is also likely that they would not appear to defend the lawsuit, meaning that you could obtain a default judgment w/little cost to you. Then, of course, you would have to try to collect on your judgment.
As for the criminal matter, you should speak to the State's Attorney for your county. Attorneys in his or her office would better be able to tell you whether they would prosecute such a crime.
Good luck,
-- Kenneth J. Ashman; [email protected]; www.lawyers.com/alo
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