I rented furniture from a rental company and am currently 1 month past due on my bill. Can they charge me with theft by deception? If I am currently going through bankruptcy proceedings do I have to return the property
If you continue to possess the property and fail to return it, it will likely be considered theft by conversion. If the company comes and tries to repossess the furniture and you fail to return it, or sell said property you open yourself for liability to a theft by conversion charge
If you filed bankruptcy AFTER you had the rental property in your possession, you should ahve disclosed the "executory contract" in the bankruptcy papers. If you got the furniture after you filed bankruptcy, then its not in the bankruptcy case.
Pay it up, and there is no crime. If you don't pay it, and they will threaten to have you arrested if you don't pay, but they want to frighten you into paying. If they come to get the furniture, let them take it. If you don't, then THAT might be theft by conversion. OR, if you move the furniture to some unknown place, that WOULD be theft by conversion.
Pay up, there's no problem. Let them take it back, no problem. Do anything else, and problems could arise.
You can contact me at my office at 770-744-4211 or by email through this website. The questioner and any reader do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.
In order to be criminally responsible it must be proven that you had the requisite criminal intent to commit the crime. This is really a contract dispute. If you are unable to pay the bill you should at least make arrangements to return the furniture if you have not done so already.