I have a scary dilemma and I REALLY hope someone can PLEASE help me out. I am in Minnesota. What I need to know is this - If I signed a credit contract for merchandise, made payments for a couple years, then stopped making payments, can I be arrested and tried for theft?? Here's the whole story if it helps... About 4 years ago my husband bought some tools on credit. His credit wasn't good enough so the tool guy put the contract in my name. I signed the agreement - it was for about $4500 worth of stuff. My husband made payments of $200/mo. for a couple of years. Then he was laid off and stopped making the payments. During this time we were separated and I never gave the debt a thought because he had been taking care of it all along. I wasn't aware that he quit making payments. Then last September I got a call saying the debt was in collections and the balance with interest was about $4100. I thought that amount was rather high because many payments had been made. So I told them to send me a copy of the debt so I could see the interest rate, etc. since I never received a copy of the agreement to begin with. They never sent me anything and frankly I forgot about it. Now today I got a call from a different company saying they bought the debt and are suing me in court for approx. $5,400. So another $1300 has been added apparently - whatever. I can understand their right to do this. But here's the dilemma - They also said they have turned it over to the county attorney's office for prosecution for felony theft since it is over $5000, and that I will be arrested any day now. Is this possible? How can it be theft when it was simply a credit agreement that was breached? It's not like I crept up to the tool truck in the middle of the night, picked the lock, and walked off with the stuff!! Sheesh! I am terrified right now...waiting to be arrested - yet it seems rather odd to me that I could be guilty of a crime, just for defaulting on a loan. Should I make arrangements for my children in case they haul me away in cuffs? Does anyone have any info on this?? Cripes...I've never commited a crime in my life and I am usually quite responsible - pay my bills, etc. What can happen to me?!? HELP!
That is not theft. They are full of crap and what they said to you was illegal as well. Don't worry about a felony charge. I am on my way out the door but wanted to ease your mind. Others will provide a better response. Relax Jeff
I wish you had them telling you that you're going to be arrested on tape. You get the summons, file your answer, and countersue. PERIOD. They can't threaten to throw you in jail. Especially if they are suing you for the balance! If they get a judgement for the balance, and you pay it, IT'S NOT THEFT!!!!
Technically it is not fraud because you did not deliberately deceive them for gain. Theft is larceny and that is the unlawful taking and removing of another's personal property with the intent of permanently depriving the owner (according to the dictionary). You did not unlawfully take the merchandise since you had a valid contract. The worst they can do is sue you for the money and get a judgment. The DA's office will not prosecute but that's messed up that they threatend you with this.
If the loan was secured in any way shape or form (ie return the tools if default) or auto loan, you can be tried for fraud if you do not return the items. Otherwise, tell them to kiss off, and if they don't sue you you can sue them for making such threats. Collections people will say anything to get your money, but remember this one thing: IF THEY DONT KNOW WHERE YOU WORK AND THEY DONT KNOW WHERE YOUR MONEY IS STASHED , THEY'LL NEVER GET A DIME.. (except the IRS of course). I would read over the contract, then send them a cease order and let them try to collect..
The statute of limitations for being sued for "sale of goods" debt in Minn. is 4 years,so legally they can sue you if your husband stopped paying less than 4 years ago. However, whoever called you and sent you whatever statement you received is in violation of the FDCPA,unless they are the original creditor.It is illegal for any collection agent to threaten a person with "jail" or to make any other threats of that type. Call your State consumer services for assistance as this "collector" is operating illegally.
definitely put them out of business man. Its our duty as informed credit'netters to take them to the cleaners so they don't pull this c**p on other folks who don't know better!!
