Can a rent to own compny press criminal charges against me for theft?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a rent to own compny press criminal charges against me for theft?

I co-signed for my now ex-boyfriend on 2 rental items. He has stopped making the payments and has refused to return their them. They are now calling and harassing me saying they are going to the attorney generals office to press charges aganist me; 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?

Asked on March 20, 2012 under Bankruptcy Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

To face criminal liability, one must have--

1) Committed a criminal act, such as by taking or keeping goods to which he or she has no right; and

2) Have the requisite criminal intention or mindset.

If, at the time you co-signed for your ex-boyfriend, you did not know that he would stop paying, you would not have the necessary criminal intent; and if you do not have control over the property, you have not committed a criminal act. (Your ex-boyfriend, on the other hand, depending on the circumstances and his intention/mindset, may have committed a criminal act.)

It is possible that the rent to own company believes that you had more to do with this than you did; however, from what you write, you should have a good defense to any potential criminal liability.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption