Can I be arrested for my rental furniture?

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Can I be arrested for my rental furniture?

Got permission to move rental furniture out of state; gave bank info and other contact info. Couldn’t make payments after husband lost his job and at one point told them they could come pick it up (have proof that they acknowledged this). Received one certified letter in all. Now that he is working, they will not accept the furniture back or reinstate payments. Came back to area briefly and was told I have to have the entire payoff by Monday (this happened Fri afternoon) or husband and I will be arrested for 4th degree felony and I can’t go back to my state to get money. Is this legal?

Asked on February 4, 2012 under Bankruptcy Law, New Mexico

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This is a contract dispute and not a criminal matter. Whomever is telling you this is either the collection agency to whom the debt was sold or the company is sadly misinformed. You need to immediately contact the corporate office of this rental company (especially if it is a national chain store) and get this squared away. If that doesn't work immediately, contact the state attorney general or local prosecutor in the town to file a complaint regarding violations of the Fair Debt Collection Practices Act. You may also wish to contact your state senators about filing a complaint with that office and seeing if the senator's field representatives can help calm this situation down and resolve it to the satisfaction of both parties. Above and beyond all of this, do not be bullied! Stay firm and indicate everything in writing. If you speak to someone on the telephone, please confirm the conversation in writing.


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