What are my right regarding the repossessionof rented personal property?

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What are my right regarding the repossessionof rented personal property?

I rented property from rent-to-own place but lost my job so I could no longer make payments. One of the items is a refrigerator; so I couldn’t easily just give it back. They sued me but I wasn’t able to go to court. No they say that they are having the sheriff come to assist them in getting their stuff. As I understood the lawsuit papers, it was merchandise or payment. What are my rights and do I have to let them take the merchandise?

Asked on March 24, 2011 under General Practice, Nebraska

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I think that it may be best for you to speak with an attorney in your area on this matter. Possibly go down to legal aid.  You entered in to a contract for the rental of the property, correct?  That contract will be binding meaning that you will be stuck with what ever you agreed to in the contract.  There may be something in the contract that allows you some form of credit back but maybe not because you did what is known as "breached" the agreement by not living up to your end of the bargain. At this point the only thing you can do is go to court and bring a motion to vacate the judgement and stay the execution.  Good luck to you. 


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