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?

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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

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 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.


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