Complaint Review: Rent-A-Center

Up here, she could be charged. Doesn't mean she'd be convicted. I'll quote ta portion of the definition again.

"It differs from theft in that it does not include the element of intending to deprive the owner of the possession of that property. As such, it is a lesser included offense of the crime of theft.''

From what she posted, she did NOT INTEND to deprive RAC of their property. However, from the time RAC demanded either payment or the property, she has done exactly that - RAC doesn't have the property.

I suspect that unless she becomes up to date with her payments, they may file a claim against her in small claims court and most likely win a judgement against her.

The OP asked a question "...can they file charges against me claiming.."

The ANSWER is YES they can file charges. They can file a criminal complaint for "criminal conversion" without fear of a civil suit for false arrest even if the DA were to decide not to prosecute. Will they? Probably not, unless she already has a criminal record for theft/fraud/robbery and the like.

Unfortunately, there doesn't seem to be any legal remedy for her situation besides bankruptcy - she owes RAC either the money or the computer. It's unfortunate, but even if she had insurance, I don't think the insurance would cover it. They would most likely blame it on her negligence for leaving it in the vehicle.

Up here, she could be charged. Doesn't mean she'd be convicted. I'll quote ta portion of the definition again.

"It differs from theft in that it does not include the element of intending to deprive the owner of the possession of that property. As such, it is a lesser included offense of the crime of theft.''

From what she posted, she did NOT INTEND to deprive RAC of their property. However, from the time RAC demanded either payment or the property, she has done exactly that - RAC doesn't have the property.

I suspect that unless she becomes up to date with her payments, they may file a claim against her in small claims court and most likely win a judgement against her.

The OP asked a question "...can they file charges against me claiming.."

The ANSWER is YES they can file charges. They can file a criminal complaint for "criminal conversion" without fear of a civil suit for false arrest even if the DA were to decide not to prosecute. Will they? Probably not, unless she already has a criminal record for theft/fraud/robbery and the like.

Unfortunately, there doesn't seem to be any legal remedy for her situation besides bankruptcy - she owes RAC either the money or the computer. It's unfortunate, but even if she had insurance, I don't think the insurance would cover it. They would most likely blame it on her negligence for leaving it in the vehicle.

Up here, she could be charged. Doesn't mean she'd be convicted. I'll quote ta portion of the definition again.

"It differs from theft in that it does not include the element of intending to deprive the owner of the possession of that property. As such, it is a lesser included offense of the crime of theft.''

From what she posted, she did NOT INTEND to deprive RAC of their property. However, from the time RAC demanded either payment or the property, she has done exactly that - RAC doesn't have the property.

I suspect that unless she becomes up to date with her payments, they may file a claim against her in small claims court and most likely win a judgement against her.

The OP asked a question "...can they file charges against me claiming.."

The ANSWER is YES they can file charges. They can file a criminal complaint for "criminal conversion" without fear of a civil suit for false arrest even if the DA were to decide not to prosecute. Will they? Probably not, unless she already has a criminal record for theft/fraud/robbery and the like.

Unfortunately, there doesn't seem to be any legal remedy for her situation besides bankruptcy - she owes RAC either the money or the computer. It's unfortunate, but even if she had insurance, I don't think the insurance would cover it. They would most likely blame it on her negligence for leaving it in the vehicle.

Given the facts as presented by Rhonda, here is my take on this:

Rhonda owes the rental on the computer. That is a given. RAC cannot make a charge of theft by deception or conversion against her stick unless they can point to some material mis-statement on the credit application she gave them to induce them to rent her the computer. No significant false statement, no criminal intent. No criminal intent, no crime.

Rhonda is the victim of theft here. The person who drove off with her computer stole from her as surely as if he held a gun to her and took it from her. For RAC to contend that the computer was not stolen because she took it from her home is nonsense - it certainly was stolen. It appears RAC's staff is so intent on collecting rents that they fail or refuse to see that there are more possibilities of theft than simply a breaking-and-entering theft. Theft by deception and theft by theft by force are also very much thefts, but the armchair DA's at RAC don't know that.

And bring up the Theft by Deception issue, the act of missing a first or any other payment is not deception. It is default, and it is not theft. What RAC and the Poster seem not to realize is that in all crimes one must have a criminal intent. No one at RAC has pointed to a single act or statement by the OP that would be a badge of Criminal Intent on her part. She was foolish to accept a ride from a stranger - a computer is the least she could have lost - she had her daughter with her and both of them could have been killed. But... stupidity is not a crime.

I would think they only applied if you were an accomplice in the theft. Think you messed up twice. Once getting in a car with someone you did not know and secondly for not reporting the laptop as stolen or missing to the police and getting a copy of that report. It would make it hard for you to be charged with conversion and would have given you protection to some extent against RAC.

Listen to what the magistrate says make RAC go thru what ever process they have to if they don't want to work with you. If you are fixed income or living on SSI there is probably not much they can do to get your money.

Part of your story does reek though I would have called the police immediately the heck with waiting until monday to call RAC.

Okay so the whole situation sucks. I'm sorry for your loss. However, the fact is that the agreement states unless stolen with "force entry" the waiver that usaully everyone gets will not cover the cost. The manager in this case is right in that, you are still responsible for the payment. He however should never have told you to not file a report because as the other person told you the police could have possible gotten back for you and you wouldn't have to pay anymore. Until you are able to pay off the merch. or return it you are still resonsible to pay your payments on time. The fact of your medical problem have stoped you from doing so sucks but with out payments you are in breach of the agreement you signed and if you don't get the payment caught up and keep them on time, then yes after a certian amont of time Rent A Center has the right to take the action needed.
sorry

""Criminal conversion, in criminal law, is usually defined as the crime of exerting unauthorised use or control of someone else's property. It differs from theft in that it does not include the element of intending to deprive the owner of the possession of that property. As such, it is a lesser included offense of the crime of theft.""

As used up here, an example would be to rent a computer and not pay the rental fee. Then when asked to return the property, the lessee does not return it. Another example would be to "tap in" to your neighbor's home wi-fi connection.

It's referred to sometimes as "theft by conversion" rather than "theft by deception" which is used when there is some weak evidence that some type of deliberate fraud is taking place but the evidence is not strong enough to justify a stronger charge of fraud.

The problem this OP has is that even if the laptop truely was stolen, unless she had some sort of insurance policy that would cover a lost/stolen computer, she's still liable for the cost of the computer. Her defense against legal action is compounded because she has a less than sterling record with them - a history of some payments not being made on time. The lack of a police report that documents this theft is also troubling. Seems to me that RAC would be justified in persuing theft charges or at the least, criminal conversion charges, but I think it would be better pursued in civil (small claims) court.

To answer the OP's question, "can they file charges against me" the answer is yes, RAC can file a criminal complaint with the police. It doesn't mean she will be found guilty during adjudication. The local DA may choose not to prosecute. Or the DA may choose to prosecute on a lower charge. My point is that IMHO RAC has grounds to file a criminal complaint without fear of a lawsuit for false arrest. From their perspective, the property has been "stolen" from them.

IMHO, I think it unlikely that she will be prosecuted unless she has a criminal history of prior crimes. I think that it is more likely that RAC will sue her in small claims court and win a money judgement against her. Then, if no payment is forthcoming, it's reasonable to expect them to get an enforcement order to do things as : garnish wages, levy against bank accounts, liens against real property, liens against personal property of value, such as a car, RV or boat.

Your first problem was taking a ride from someone you DONT KNOW, and briniging your kid in a vehicle with a stranger, you could have both been killed!! Your second was renting from a Rent to Own store. You should have just saved up the 450.00 and bought a low budget laptop to start off with.
Rent A Center can't really do anything, that is why their prices are so high because they get ripped off from time to time.
Change your phone number and move if you can that way you can avoid them altogether.

I, too was in the business here in FL for awhile. I can tell you [Zugzug] with absolute certainty that you CANNOT bring charges of theft on someone who fails to pay. You are confusing a civil matter with a criminal one. You have NOT filed criminal charges on ANYONE for simply not paying.

And, to the other contributor who attempted to spell theft by deception, that does not apply either in this case. Guaranteed.

Theft by deception would apply if someone gave false information to obtain merchandise, and then made no payments, and/or had no intention to pay. Then they would have to hide from you and hide the merchandise. Then, you MIGHT get a theft charge to stick. MAYBE.

In Florida, you cannot charge someone with theft if you gave them possession of the merchandise.

Rhonda, too many excuses. You tend to buy things you simply cannot afford. And then, everyone else is responsible. It sounds to me as if you are very careless. That laptop should have been concealed such as in a backpack, baby bag, etc.

You should have filed a ploce report right away on the laptop. That is just common sense.

I understand your frustration. I am a Lead Assistant Manager with RAC in TN. The process is very simple. "Bob" dosen't know what he's talking about. He just does not want the Laptop charged off as stolen because it will hit his profit bonus. Get a Police report, copy it, bring it to RAC. The next step is to call the 1-800 number above the front counter (every RAC MUST have this number). Tell them your situation. Within 24 hours, the Market Manager (boss of the store managers) will call. Tell him your plight, present your copy of the poice report, and the LAIBILITY WAIVER you signed will take care of everything. It'll be charged off as stolen and you're good.

These guys saysin " Pay them " up top on their own words are obviously advocates for the company. I actually worked there for a long time and quit for moral reasons. How do you guys sleep at night?

First: the worst thing you got going is you didnt even make one payment.That means the can charge you with theft bye deceptoion

Second: They cant do sh*t. Its all smoke and mirrors. the consequence is usually never that high. they can maybe get a judgement on you and tell you that you have to pay it but its easier said then done and can cost alot of money 4 them. I have went to court tons of times at rent a center due to theives and dead beats but rarely even after judgement do they pay. Not to say they cant but they might not. It can become more of a problem then its worth to them. Chasing you around can cost them money. They have cash set aside in the budget for such things to be charged off.

Third: Did you file a police report? that was your ticket out. If you didnt file one you have nothing but your word and that means nothing in the rental business because 99.% of the people renting are liers, cheats, and crooks just like the company renting.

As far as he comment about it not being relevent that is was stolen. What a stupid comment. It is relevent. If you dont pay and stick to your guns they may just charge it off. Let them know it was stolen tell them a hundred times and get aggressive with them. They will get agressive with you so dont hesitate. Dont be afraid to tell them to f**k off. Be a man stand up to them and good luck.

Even if you stole it and it didnt really get stolen good luck. They steal from people everyday selling them nasty used stuf for top dollar and employee a bunch of punk a** dudes with no morals.

I also work for Rac and have personally had to take customers to court. In your case and it being your first payment, you will lose!

I also work for Rac and have personally had to take customers to court. In your case and it being your first payment, you will lose!

I also work for Rac and have personally had to take customers to court. In your case and it being your first payment, you will lose!

I also work for Rac and have personally had to take customers to court. In your case and it being your first payment, you will lose!

I would have to agree with Zugzug, but let me take it a little bit farther. The part I do not disagree with the RAC store in your story is that you stated the store told you that you could not file a police report. I disagree with that. You are always entitled to file a police report and RAC can not tell you not to. I agree that if a police report was filed, it would tell the police to be on the lookout for it. However, the police report will not help RAC because the laptop was not stolen out of your home with force entry.

It sounds like that your account is classified as a first payment default which means you did not make your first payment since the merchandise left the store. This is a huge flag on your account and the store doesn't have to work with you on payment arrangements. Under the circumstance, the Store Manager may make an exception. Also, the account manager is correct about the partial payments. The store is not allowed to take partial payments. They can only take a payment that would get the account caught up & with at least an additional 1 week payment ahead. (With renting, you have to keep your payments ahead of schedule just like apartment rental as an example).

As for filing criminal, yes the Store Manager can file. However, it takes more then one day to do so because he has to get the file prepared for the District Manager to sign off on, and then the packet gets submitted to the Legal Department in Texas for review. Once the Legal Department approves, the Store Manager either contacts the local Police Department, or they make a visit to the Magistrate's office for a warrant to be filed (depending on the county's requirements for filing). I know this procedure very well because I am a Store Manager that has filed this past week on a customer that has disappeared with store merchandise (no, I don't work in Jacksonville, NC :O) ).

Since you are not protected from accidentally leaving your laptop in a person's vehicle, my recommendation would be...... is for you to attempt to locate the laptop as best as you can. In addition, the quicker you get your account caught up to date & continue to pay on it with an on-time basis, the quicker you can avoid all this other mess with the RAC store.

You wrote: "what does this mean for me and RAC if they take me to court?"

Based on your report here, I would think it very likely that you would lose in court and they would obtain a money judgement against you. After they have the money judgement, they may request various enforcement orders from the court to do all sorts of nice things - lien against real property, lien against personal property, levy against bank accounts, garnish wages, etc.

I still work for the company and yes they can file charges on you.Taking a partial payment is not in your rental agreement.The fact that "someone you don't know but you and your daughter rode home with them"stole it is irelavent.You made a agreement with them and you must honor your end by returning it or paying it off in full.I worked the credit department for years before going to sales and we actualy did file charges on people for not paying.The fact that it was your first payment also makes this a different charge because it looks like you planed this.

I still work for the company and yes they can file charges on you.Taking a partial payment is not in your rental agreement.The fact that "someone you don't know but you and your daughter rode home with them"stole it is irelavent.You made a agreement with them and you must honor your end by returning it or paying it off in full.I worked the credit department for years before going to sales and we actualy did file charges on people for not paying.The fact that it was your first payment also makes this a different charge because it looks like you planed this.

I still work for the company and yes they can file charges on you.Taking a partial payment is not in your rental agreement.The fact that "someone you don't know but you and your daughter rode home with them"stole it is irelavent.You made a agreement with them and you must honor your end by returning it or paying it off in full.I worked the credit department for years before going to sales and we actualy did file charges on people for not paying.The fact that it was your first payment also makes this a different charge because it looks like you planed this.

Also(sorry!) i meant to say $30/wk for Compaq desktop, not month. I am now 3 wks. due, & when I spk to the account manager yesterday, he told me that he could get fired for accepting partial pyments, and that I needed to pay my account up-to-date;and if it went into 30 days, it would automatically go into LEGAL. And then they would take me to court for $1600 to pay them outright.

Now, I understand THAT part. He told me my case of course wasn't the only one they had in the store at the time, but if EVERYONE else in the store either pawned or sold or messed up their merch. just to claim it stolen, then I AM the only person in the store w/ my particular case! I'm upset b/c it's going to look like I'm not trying to make pymnts on it, when actually I am trying, they just won't accept it.

The laptop is GONE---so as long as i'm paying them until I get up-to-date, what is the prob? I want to pay them, just not through the legal system. If my state (NC) does not have any Rent-to-Own Statutes, what does this mean for me and RAC if they take me to court?

Also(sorry!) i meant to say $30/wk for Compaq desktop, not month. I am now 3 wks. due, & when I spk to the account manager yesterday, he told me that he could get fired for accepting partial pyments, and that I needed to pay my account up-to-date;and if it went into 30 days, it would automatically go into LEGAL. And then they would take me to court for $1600 to pay them outright.

Now, I understand THAT part. He told me my case of course wasn't the only one they had in the store at the time, but if EVERYONE else in the store either pawned or sold or messed up their merch. just to claim it stolen, then I AM the only person in the store w/ my particular case! I'm upset b/c it's going to look like I'm not trying to make pymnts on it, when actually I am trying, they just won't accept it.

The laptop is GONE---so as long as i'm paying them until I get up-to-date, what is the prob? I want to pay them, just not through the legal system. If my state (NC) does not have any Rent-to-Own Statutes, what does this mean for me and RAC if they take me to court?

Also(sorry!) i meant to say $30/wk for Compaq desktop, not month. I am now 3 wks. due, & when I spk to the account manager yesterday, he told me that he could get fired for accepting partial pyments, and that I needed to pay my account up-to-date;and if it went into 30 days, it would automatically go into LEGAL. And then they would take me to court for $1600 to pay them outright.

Now, I understand THAT part. He told me my case of course wasn't the only one they had in the store at the time, but if EVERYONE else in the store either pawned or sold or messed up their merch. just to claim it stolen, then I AM the only person in the store w/ my particular case! I'm upset b/c it's going to look like I'm not trying to make pymnts on it, when actually I am trying, they just won't accept it.

The laptop is GONE---so as long as i'm paying them until I get up-to-date, what is the prob? I want to pay them, just not through the legal system. If my state (NC) does not have any Rent-to-Own Statutes, what does this mean for me and RAC if they take me to court?

Just wanted to add also; called the RAC Headquarters in Plano, TX...lady named Claudia hung up on me TWICE...why I don't know, I just told her that there may possibly be some legal issues between me and RAC...hope she wasn't scared b/c of all of the lawsuits AGAINST RAC...I was just trying to get some help. Also, the agreement # on my original contract for the DEll laptop is different from the agreement # on my receipt...so does that mean anything?