can a rent to own furniture company file criminal charges against you when there is a mandatory arbitration agreement in the lease agreement?

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can a rent to own furniture company file criminal charges against you when there is a mandatory arbitration agreement in the lease agreement?

Aarons rental filed theft/stealing leased or rented property charges. in the lease agreement there is a mandatory arbitration agreement that survives the termination of the lease agreement.

Asked on August 11, 2018 under Criminal Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

An arbitration clause means that you have to arbitrate, not sue--that is, it affects your rights to civil court. However, it has no effect on their right (or yours, for that matter) to look to press charges for what is believed to be a criminal act (e.g. criminal fraud; theft; deliberately passing a bad check; etc.). A contract between two people or a person and a business cannot override or limit the criminal law.


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