Rent A Center Harassment & Trespassing

[metalfab]

I am in New York State

I have a living room set that I have been paying on for more than a year (16 months to be exact). I paid them well over $3,500 for a set worth less than $2,000. Recently I had some family events that caused me to fall behind on the contract. Rent A Center is now calling my friends, family members, work and home number all day every day. They also showed up at my home and left notes taped to my door.

I believe I have paid them the value in full but that is not the reason for my question. What I want to know is there some form of a letter that I can send them by certified mail forbidding them from coming to my home? I know how to stop the phone calls but the fact that they are driving 45 minutes from the store to my home (I live in a very rural area) is extremely disturbing to me and in fact I fear they may try to enter my home while I am at work.

Is there any legal recourse to keep them off of my property? Any ACTUAL help would be very much appreciated.

Snide, sarcastic and otherwise unkind or useless comments not needed, thank you.

 

[Zigner]

I am in New York State

I have a living room set that I have been paying on for more than a year (16 months to be exact). I paid them well over $3,500 for a set worth less than $2,000. Recently I had some family events that caused me to fall behind on the contract. Rent A Center is now calling my friends, family members, work and home number all day every day. They also showed up at my home and left notes taped to my door.

I believe I have paid them the value in full but that is not the reason for my question. What I want to know is there some form of a letter that I can send them by certified mail forbidding them from coming to my home? I know how to stop the phone calls but the fact that they are driving 45 minutes from the store to my home (I live in a very rural area) is extremely disturbing to me and in fact I fear they may try to enter my home while I am at work.

Is there any legal recourse to keep them off of my property? Any help would be very much appreciated.What is the name of your state (only U.S. law)?

There is absolutely something you can do legally. Write a later stating (substantially): "I have enclosed payment in full for all amounts owed and I wish to terminate my contract. The payment enclosed also includes any termination fees."

Then, when you deliver the furniture back to them, hand them the letter and the payment. Problem solved!

 

[metalfab]

I'm a little confused, is that sarcasm or are you seriously suggesting that I stop them from coming to my home by paying them AND returning the items?

If so, can I please get some real advice regarding this.

 

[Mass_Shyster]

Send them a notice that they are not to trespass on your property.

File a complaint with your local police if they do.

New York Penal - Article 140 - § 140.05 Trespass
A person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises. Trespass is a violation.

 

[swalsh411]

Rent a center employees will not break into an unoccupied house to recover furniture. They may show up, hoping you are home and will allow them inside to recover the furniture, but they won't force their way inside.

They can most certainly continue calling you until you either bring the account current or return their propety.

You are bound by the terms of the contract you signed. The fact that you believe the furniture is worth a certain amount and that you have paid in excess of that amount is irrelevant. That's the #1 reason rent-to-own is such a ripoff; you end up paying far in excess of the true market value. If you need cheap furniture you are much better off finding it on craigslist, a garage sale, or a used furniture store.

Your options are either to pay for the furniture in full, bring the account current and continue to rent, or give back the furniture.

edit: It is also perfectly legal for them to call your family, friends, neighbors etc letting them know you haven't been paying your bills.

 

[tranquility]

Since they are the original creditor, you have little power to stop them. One thing you might worry about is that such centers sometime try to claim embezzlement (crime) to get the police involved. At the very least, they will sue you if you have not fulfilled the contract--even if you think you have paid them enough.

Pay them, return the stuff or be prepared to go to court. (Criminal and/or civil.)

 

[metalfab]

I am not trying to dodge what I owe, I put in that I felt I had overpaid just as detail. I am going to pay them what I owe. For the moment I only wanted to know if there is something I can do to keep them off my property.

Thank you for the replies.

 

[Zigner]

My advice was based on the fact that you are currently BEHIND in your payments.
As you cannot seem to afford the payments, simply getting current on payments won't help you in the long run. That's why I suggested you pay what you owe AND return the furniture AND get out of any contract you may have.

 

[justalayman]

I am not trying to dodge what I owe, I put in that I felt I had overpaid just as detail. I am going to pay them what I owe. For the moment I only wanted to know if there is something I can do to keep them off my property.

Thank you for the replies.

I suggest you read your rental contract. It likely states that if you should fail to make payments as stated, the contract terminates and all payments are construed as rent for the time of possession with no credit towards ownership.

If so, your actions do border on criminal if you retain the furniture and refuse to pay as agreed.

If they have the legal right to reclaim the property, your refusal to release it to them is criminal. I suggest you either find a way to continue the contract, release the property to them, or expect a visit from the police. Simply telling them to go away is not going to be acceptable to them.

 

[Mass_Shyster]

your refusal to release it to them is criminal.

No, it isn't.

 

[justalayman]

No, it isn't.

I'm not getting into this again. It can be criminal in most states. It's called conversion/theft/theft by fraud or a few other crimes depending what state it is in. While it will usually not be prosecuted as the police will blow it off as a civil matter, I have seen where it did reach the point of criminal action.

 

[Mass_Shyster]

I'm not getting into this again. It can be criminal in most states. It's called conversion/theft/theft by fraud or a few other crimes depending what state it is in. While it will usually not be prosecuted as the police will blow it off as a civil matter, I have seen where it did reach the point of criminal action.

Nice stepdancing.

"It IS criminal" is a far cry from "it can be criminal".

Theft requires an unlawful taking. Since RAC delivered the furniture, there was no unlawful taking.

You would have no way to prove theft by deception when the person has paid over $3500 for the goods.

Stop spewing mis-information and you don't need to 'get into it again'

 

[justalayman]

Nice stepdancing.

"It IS criminal" is a far cry from "it can be criminal".

Theft requires an unlawful taking. Since RAC delivered the furniture, there was no unlawful taking.

You would have no way to prove theft by deception when the person has paid over $3500 for the goods.

Stop spewing mis-information and you don't need to 'get into it again'

Fine IT IS CRIMINAL. whether the locals want to prosecute it as such is up to them.

and conversion does not require unlawful taking. It requires converting property of others, in fact generally legally acquired property, for the persons own gain.

You would have no way to prove theft by deception when the person has paid over $3500 for the goods.

that is irrelevant. The fact is; he has property he has not paid the agreed amount and he is refusing to return it to the owner.

You see, the OP does not own the property. It still belongs to RAC until the contract is fulfilled. As such, RAC has a right to take their property.

§ 165.00 Misapplication of property.
1. A person is guilty of misapplication of property when, knowingly
possessing personal property of another pursuant to an agreement that
the same will be returned to the owner at a future time,
(a) he loans, leases, pledges, pawns or otherwise encumbers such
property without the consent of the owner thereof in such manner as to
create a risk that the owner will not be able to recover it or will
suffer pecuniary loss; or
(b) he intentionally refuses to return personal property valued in
excess of one hundred dollars to the owner pursuant to the terms of the
rental agreement provided that the owner shall have made a written
demand for the return of such personal property in person or by
certified mail at an address indicated in the rental agreement and he
intentionally refuses to return such personal property for a period of
thirty days after such demand has been received or should reasonably
have been received by him. Such written demand shall state: (i) the date
and time at which the personal property was to have been returned under
the rental agreement; (ii) that the owner does not consent to the
continued withholding or retaining of such personal property and demands
its return; and (iii) that the continued withholding or retaining of the
property may constitute a class A misdemeanor punishable by a fine of up
to one thousand dollars or by a sentence to a term of imprisonment for a
period of up to one year or by both such fine and imprisonment.
(c) as used in paragraph (b) of this subdivision and in subdivision
three of this section, the terms owner, personal property, and rental
agreement shall be defined as in subdivision one of section three
hundred ninety-nine-w of the general business law.
2. In any prosecution under paragraph (a) of subdivision one of this
section, it is a defense that, at the time the prosecution was
commenced, (a) the defendant had recovered possession of the property,
unencumbered as a result of the unlawful disposition, and (b) the owner
had suffered no material economic loss as a result of the unlawful
disposition.
3. In any prosecution under paragraph (b) of subdivision one of this
section, it is a defense that at the time the prosecution was commenced,
(a) the owner had recovered possession of the personal property and
suffered no material economic loss as a result of the unlawful
retention; or (b) the defendant is unable to return such personal
property because it has been accidentally destroyed or stolen; or (c)
the owner failed to comply with the provisions of section three hundred
ninety-nine-w of the general business law.
Misapplication of property is a class A misdemeanor.

and this criminal statute would not apply to this specific situation why? So, how about you quit spewing your ignorance.

 

[Mass_Shyster]

Fine IT IS CRIMINAL. whether the locals want to prosecute it as such is up to them.

and conversion does not require unlawful taking. It requires converting property of others, in fact generally legally acquired property, for the persons own gain.



that is irrelevant. The fact is; he has property he has not paid the agreed amount and he is refusing to return it to the owner.

You see, the OP does not own the property. It still belongs to RAC until the contract is fulfilled. As such, RAC has a right to take their property.



and this criminal statute would not apply to this specific situation why? So, how about you quit spewing your ignorance.

"owner shall have made a written demand for the return of such personal property" is conspicuously missing from the facts provided.

 

[justalayman]

"owner shall have made a written demand for the return of such personal property" is conspicuously missing from the facts provided.

oh, the notice on the door would be an invitation to dinner?

They also showed up at my home and left notes taped to my door.

Come on steve, go ahead and continue to prove yourself wrong. I don't mind.