Hi my niece rented some equipment like television and a computer from a Rent a center, however her husband moved without her knowing after an argument and took the things that she was renting, she now is by herself and her child working very few hours a week and did not make the payment any more to the rental center, three days i a row she has seen 2 guys that have been coming to her door and knock for at least an hour, she does not want to open the door because she has not paid and the husband took the things, they were on her name and now she does not know where the husband is. What legal consequences can she face if she does not pay them. This is in the state of Ca.
She should contact the police if it happens again and file a complaint against the store. They can not repossess personalty from her home without her cooperation. She may want to contact the store and provide the location of the property. Finally, she may need to talk to a bankruptcy attorney given she is unable to pay her debt. She should call the Law Office of David Lozano in West Covina. He offers free consultations. She can look up his number on the internet. The consultation will at least give her the options she has. Her credit is already bad due to non-payment on this debt.
This answer in no way creates an attorney-client relationship. The answer is not a complete answer and requires additional facts in order to provide the best options. The submitter accepts the risk of relying on such an incomplete answer and waives any claims of damages for doing so. As stated in the answer the submitter should contact a qualified bankruptcy attorney is discuss these issues further before any action is taken. Any action taken without advise and counsel of a qualified attorney is inadvisable.
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It would be illegal for them to intimidate her. However, based on the rental agreement, they may be able to repossess the rental items if payment is not received. If she feels they are coming by for intimidation purposes, she should make proper report to the legal authorities. Be sure to contact your attorney to protect your legal rights.
They can sue her for the debt and the property. She should disclose where her husband is so she can get them to stop coming to her home. If they are knocking some day you should not confront them but someone should be there that can observe them. Do not let them in the house. She should write them a letter explaining the situation and state that she does not have the property.
Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship.
Financial Markets and Services Attorney
Physical intimidation for any reason is a crime and a civil cause of action. They cannot keep on coming to her door like that and sticking around for an hour.
She should immediately write the store explaining the situation and demanding that any attempt to collect from her cease. The store may attempt the sue her. She can turn around and sue her husband for taking the property without compensation and/or file for bankruptcy to avoid personal liability.
The information provided here should not be taken as a substitute for legal advice from retained local counsel. Mr. Basmaji does not intend to create nor does he consent to a formation of an attorney-client relationship with anybody, including the question poster, just by virtue of posting information on this website. If you are in need of legal advice, you should consult and retain local legal counsel.