Legal Question in Credit and Debt Law in Missouri
replevin
I have a friend that was renting some items and never returned them. He has since been to court and was told he had blank number (not sure) of days to return the properties or appear again in court. He pawned the items. What happens when he returns to court without returning the property to the plaintiff?
Thank you,
1 Answer from Attorneys
Re: replevin
He has a real problem. He may have a criminal law problem.
He will be asked to name the pawn shop that he pawned the goods to. The pawn shop owner will likely be joined in the lawsuit and the rental company will be able to go to the pawnshop and demand the return of the items. They will likely prevail. That will leave the pawn shop owner suing your friend in court.
If the rental company wanted to, they could potentially file criminal charges against your friend for embezzlement since he took property that was under his care and appropriated it to his own use.
Your friend should immediately go pay off the pawn shop owner and get the items back for the owner. He should then call the owner and tell him where to pick the stuff up.
Under no circumstances should the friend miss the court date, or lie about what he did. He should get a lawyer right away and seek the lawyer's help in fixing this problem.
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