If I lost my debit card and had to cancel it before a debt was to be taken from it, could I be arrested for that?

UPDATED: Mar 1, 2011

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If I lost my debit card and had to cancel it before a debt was to be taken from it, could I be arrested for that?

The debt is for $220 and is owed to a rental company. I rented a product but was forced to return it when it became damaged. The company in question is demanding that I pay for the repairs, as they say their warranty does not cover it.

Asked on March 1, 2011 under Bankruptcy Law, New York


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you lost your debit card, your debit card is attached to your checking or savings account.  If you canceled the debit card before the debt was taken out, and the merchant then tried to charge the now canceled card, the merchant would contact you and tell you to give them a new number. Sometimes, the charge could still go through and clear the checking or savings account because the card was valid at time of purchase or rental. This is a contractual issue. Now, as to your concern about renting a product which became damaged in your care, you need to understand that your responsibility (monetary) depends on your contractual arrangement with the rental merchant. If you damaged the product while you were using it, and it was due to your negligence, the merchant can require you to pay for the repairs. Check your contract/rental agreement with the merchant and ask for a copy of the warranty. If the merchant refuses, contact your local attorney general's office and see if that agency offers mediation programs or opportunities to review your contract to see if the merchant is violating any consumer protection statutes.

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.

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