Maya Chen
Rent-A-Center is a rent-to-own company that allows customers to lease items with the option to purchase them. While the company provides an alternative method for consumers to obtain desired items, there are legal implications if the contract is breached. Rent-A-Center has been known to take legal action against customers who fail to return rented items or make timely payments. This has resulted in small claims suits and, in certain cases, criminal charges. Understanding your rights and obligations within the contract is crucial to avoid potential legal consequences.
| Characteristics | Values |
|---|---|
| Can Rent-A-Center take legal action if you do not return their property? | Yes, they can file misdemeanor charges against people who refuse to return rented items. |
| What if you had a medical reason for missing a payment? | It does not serve as a legal justification. If the contract defines missing a payment as a breach, they can sue and request the court to find you in breach. |
| Can they continue their collection efforts after filing a lawsuit? | Yes, regulations regarding the frequency and volume of calls will not be enforced. |
| What if you have already made some payments? | They can still insist that you adhere to the contract. |
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What You'll Learn
Rent-A-Center can take you to court for not returning rented items
Rent-A-Center has a history of filing small claims suits against customers for breach of contract. In one case, a customer was served with a lawsuit but continued to make payments, only to later refuse payment because the lawsuit was still pending. The customer communicated with the store manager and collections representative weekly, but the suit claimed that the customer wasn't paying and couldn't be contacted.
It's important to note that medical reasons for missing a payment are not considered a legal justification for breach of contract. Additionally, regulations regarding debt collection, such as those governing the frequency and volume of calls, do not apply to Rent-A-Center as they are the original creditor.
If you find yourself in a situation where Rent-A-Center is taking legal action against you for not returning rented items, it is advisable to seek legal advice and assert your rights within the contract.
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They can sue for breach of contract
Rent-A-Center can take you to court for breach of contract. If you miss a payment and the contract defines this as a breach, they can sue and request the court to find you in breach. If you lose the case, the court may grant a judgment allowing Rent-A-Center to garnish your wages.
Rent-A-Center can file a lawsuit against you if you do not return rented items. They can file misdemeanor charges if you refuse to return rented items, but they must prove that you disposed of the property or took it out of state, or that you refused to return the items to a sheriff in response to a court order.
Rent-A-Center can also file a civil lawsuit if they deem items "not resalable" after picking them up and you do not agree to make further payments. This is a contract dispute, and they can file a suit in small claims court.
It is important to note that Rent-A-Center is not subject to the same regulations as third-party debt collectors, so regulations regarding the frequency and volume of calls will not apply. Additionally, filing a lawsuit does not prevent them from continuing their collection efforts on the account.
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They can request the return of property even after filing a claim
Rent-A-Center can take you to court if you breach your contract with them. For instance, if you miss a payment and your contract defines this as a breach, they can sue you and request the court to find you in breach. If you lose the case, the court may grant a judgment allowing Rent-A-Center to garnish your wages.
Rent-A-Center can also file a lawsuit against you for failing to return rental property. They can request the return of the property even after filing a claim. This means that filing a lawsuit does not prevent them from continuing their collection efforts on the account. They can also file misdemeanor charges against people who refuse to return rented items, but they must prove that you disposed of the property or took it out of state, or that you refused to give the items to the Sheriff in response to a court order.
It is important to note that Rent-A-Center cannot press criminal charges if they deem items "not resalable" after picking them up and you do not agree to make further payments. This is a civil matter and not a criminal one. However, they can file a civil lawsuit against you if you signed a contract and did not follow through.
To protect yourself in court, it is advisable to document all discussions with Rent-A-Center and communicate only via postal mail or email. This will provide evidence of your interactions and help prevent any potential denial or alteration of the terms discussed.
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They can't press criminal charges for not resellable items
Rent-A-Center (RAC) can file a lawsuit against customers who breach their contract by missing payments. If customers refuse to return rented items, RAC can file misdemeanor charges, but they must prove that the customer disposed of the property, took it out of state, or refused to return it to a sheriff in response to a court order.
While RAC can take legal action, they cannot press criminal charges for "not resellable" items. If a customer breaches a contract, RAC can sue for the balance of the contract while also repossessing the goods. However, if the items are week-to-week rentals or repossessed items, they may not have the right to sue for the contract balance.
In the case of "not resellable" items, RAC cannot press criminal charges, but they may attempt to file a civil lawsuit. For criminal charges to be considered, RAC would need to prove fraudulent intent on the part of the customer, which would be challenging to demonstrate.
It is important to note that the laws governing debt collectors do not apply to RAC as they are the original creditor. As a result, regulations regarding the frequency and volume of collection calls are not enforced in this case.
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They can file a suit for non-payment
Rent-A-Center has a security interest in the property you rent, and while they can enforce that interest, they must do so in a civil manner. They cannot breach the peace or engage in criminal acts, including repossession.
In some states, such as Kansas and Maryland, Rent-A-Center cannot file criminal complaints against customers who fail to return rented items or miss payments. In these cases, the only repercussion for non-payment is that the customer will no longer be able to rent from Rent-A-Center again.
However, in other states, Rent-A-Center may file a civil lawsuit against customers who default on their rental contracts. For example, if a customer damages a rented item and refuses to pay for it, Rent-A-Center may file a suit in small claims court. It is important to note that this is not a criminal charge, and there are no criminal penalties for non-payment or damage to rented items.
To protect yourself, it is recommended to document all discussions with Rent-A-Center and communicate in writing about payment issues to create a clear record. Additionally, understanding your lease terms and seeking assistance from legal aid or consumer advocates can provide guidance on resolving disputes safely.
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Frequently asked questions
Yes, Rent-A-Center can file misdemeanor charges against people who refuse to return rented items. However, they must prove that you intended to defeat their ownership, took the items out of state, or refused to return the items to a sheriff in response to a court order.
If you miss a payment and your contract defines this as a breach, Rent-A-Center can sue you and request the court to find you in breach. If you lose the case, the court may grant a judgment allowing Rent-A-Center to garnish your wages.
Yes, filing a lawsuit does not prevent Rent-A-Center from continuing their collection efforts. They can insist that you adhere to the contract, which is likely the reason for their lawsuit.
