Can rent a center have you arrested for non payment in Massachusetts?
3 attorney answers
Christopher Tolley above gave you some excellent information. The Attorney general would be a good place to start, also your friend may want to speak to a debt collection/Consumer protection attorney regarding their actions and potential violations of the Fair debt collection practices act. This does not appear to be an isolated incident with rent a center and I believe they got into a lot of trouble in Massachusetts in the 1980's for similar practices (including being prohibited from operating here).
These are generic informational answers, not to be construed as legal advice or creating an Attorney client relationship. If you have a legal issue, you should always consult an Attorney in your jurisdiction. You wouldn't ask a surgeon to talk you through a heart transplant via email, don't expect to do the same with a legal matter.
This being your friend's issue, she must can deal with it - not you.
It appears the rental center may be violating credit and collection laws. She may wish to call to the AG's consumer protection division.
The foregoing is for general information purposes and does not establish an attorney-client relationship. Those seeking such a relationship are directed to the contact form on my website.
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There are statutes permitting a creditor to 'arrest' a debtor. Since this remedy is expensive, many creditors never use it and those that do often limit it to having a deputy sheriff physically appear at the debtor's residence and request they appear in court. This remedy is available only after the creditor files a lawsuit and obtains a judgment against the debtor, clearly not the case here.
However, threatening a debtor with criminal arrest in the course of debt collection is illegal. Rent-A-Center is required by state fair debt collection law to have sent your friend a validation notice prior to initiating collection. Rent-A-Center is prohibited from sending text messages on her phone without her permission. Rent-A-Center is also prohibited from harassing or abusing your friend. I strongly suggest your friend contact the attorney general's office and report this behavior and tell Rent-A-Center she is doing so.
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