Stolen video camera

What is the name of your state (only U.S. law)? NC
I was renting a video camera through a local sales and leasing company and it was stolen. Now I'm being charged with failure to return rental property. How can I return something I don't have? They want me to pay 1578.00 and I don't have it. I have 5 kids to support! What should I do?

You should be able to defend yourself from any charges because there is not intent. However, you will be responsible for the cost of the camera plus any accrued rental charges according to the contract in a civil case.

Jenh1176 said:

What is the name of your state (only U.S. law)? NC
I was renting a video camera through a local sales and leasing company and it was stolen. Now I'm being charged with failure to return rental property. How can I return something I don't have? They want me to pay 1578.00 and I don't have it. I have 5 kids to support! What should I do?

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What does your rental contract say regarding failure to return the camera?

(Tranq - I don't think he's being "charged" criminally. Rather, he's being "charged" by the company for not returning the camera)

I hear what you're saying Zinger, but remember an issue long ago was instituted by rental companies in CA. (I'm not sure the case law on how it came out.) The rental companies would file police reports for embezzlement on people who didn't return items rented within a reasonable time. The companies would claim that at the time the person decided to not return the rental, that was the moment of taking something which was entrusted to them. It was a lever to force the person to pay as the criminal prosecution would disappear if the company no longer cooperated with the police.

It was nasty and brutal and very, very effective. In a logical sense, I can understand the argument. However, I don't know how the courts came out on the tactic in CA and wonder if we have the same issue in NC.

Depending on the rental company when you first set up and signed all paper work did you opt in for the insurance that protects you from instances like this, being stolen? If you did you should obtain the police report and take that in and see what your paper work says to do further.

If you didn't opt in for that insurance you may be stuck paying for the item unless it can be recovered from who stole it.

I'm not sure where the contract is. I was living with my husband when I got the camera. Some things happened between us and we are no seperated and the camera was stolen out of his home. He did get a police report but the rental company refuses it. It is a criminal charge for not returning it. I can not longer afford to pay for it and would love to return it but I don't have it to return. I was told when I go back to court I will be told to pay for it and will have a record in which I will lose my job over. I have 5 kids and can't afford to lose my job so I don't know what to do

Under whose name was the camera rented out to?

Under mine so I'm pretty sure I'm going to have to pay for it. I really don't have the money to and would love to return the thing if I had it. I don't know what to do.

There is nothing, really, that you can "do". You have a debt which you owe. Your options are the same as anyone who has a debt they cannot pay.

I was afraid you were going to say that. The reason the place may be refusing the Police Report is if you told them the same story you told us. You allowed an item they rented YOU to be in the hands of someone else who didn't sign the contract.

In the end it does seem like you will end up paying for an item you do not have. Try to go back and talk to them again see what kind of payments you can arrange and work with them. You should also get your husband (?) to help you pay it since he "lost" it in his possession.

And next time you rent, read everything you're signing before you sign and ask questions there!

If I offer to make payment arragements with the store will the court still charge with a crime. I can't afford to have a criminal charge because I will lose my job. As far as my husband's help to pay it.....that won't happen. See we have 4 kids together and I work 3rd shift so he mostly has the kids. We have our own little aggrement to where neither one of us have to pay child support or go through a custody battle. If I try to make him help pay for the camera he will try to take me for custody and child support. I don't want my kids to go through all that.

Has the store already pressed charges or are they just saying if you do not pay them the amount due that they will do so?

They already pressed charges but the manager said if I pay it off it can be dropped. If the judge oreders I pay it I will have a criminal charge and have to pay it. The store said if I pay cash up front they will take 580.00 and if the judge orders it to be paied it will be 1578.00. I can't afford to do either. It's crazy but I guess crap happens.

Call the store and see if they will work with you on paying the 580 plus some more if they will work with you. Is there anyway you could take out a loan or anything to pay it off and avoid criminal charges?

I wish there was lol. My credit is awful! I really want to get this settled but it is going to be hard. I really think I might be screwed. My 2 paychecks barely cover my bills and gas to get to work. I appreciate any suggestions to help get this taken care of. I go to court Sept 2nd and I have a lawyer I can't seem to ever get in touch with but maybe she can get it rescheduled to give me some time to figure out how to pay this.