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CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney representing individuals and businesses.
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I live in North Carolina and my daughter, who used live in

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I live in North Carolina and my daughter, who used live in my house, is renting furniture from Rent A Center because her daughter currently lives in my home. She got behind a couple of weeks on the payments and eventually she agreed on a time for Rent A Center to come pick up the furniture. They showed up three hours late when she was not there, and two more appointments were scheduled. They have not come on time for any of them and now they are angry because they have not received the furniture. As a result, they have been coming into my job, my daughter's job, and banging on my door every day. Once, my 12 year old daughter was home alone and they starting telling her that I would be in jail soon if they weren't contacted. I have told them that I cannot help them because my daughter is the person on the contract, but they won't stop coming to my home and job. They even went into my backyard and started knocking on my sliding glass door threatening me with the police. Is any of this legal after I have told them to stop contacting me? What can I do?

CalAttorney2 :

Dear Customer, thank you for contacting Just Answer. Your daughter's creditors are not permitted to trespass on your property, and they are not permitted to threaten you with illegal actions (they do not have the ability or the right to imprison you or your daughter - we do not use our criminal system to enforce debts). While it is possible that you can file a small claims action against them for violations of the fair debt collections act, and injunctive relief, it may be more effective to write them a formal letter advising them that you are aware of your rights and giving them a time to appear for their belongings so that your daughter will not continue to incur fees.

If they continue to trespass, or more importantly, if you or your daughter feel threatened, you may contact law enforcement.

CalAttorney2 :

I hope that my answer was of assistance to you. My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Please remember to rate my service once you have all the information you need. Thank you for your business!

CalAttorney2 :

(I should add that in these types of letters it is useful to "confirm" the past missed appointments at which they were to pick up the furniture and failed to be on time or did not show, keep a copy of the signed letter for your records).

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Customer: replied 4 years ago.

So is it not possible for an arrest warrant to be issued? My daughter is not in town at the moment, and I work during Rent A Center's normal operating hours. Until she gets back, I would like to not fear the possibility of her returning to legal trouble. Also, is it illegal for them to continue coming to my home and job? If I write this letter and they continue to appear at my job and home what steps should I take?

The court will not issue an arrest warrant. If they continue to come to your home, you can call the police to stop them from trespassing. You need to make the property available to the business, if you do not, your daughter will simply have more fees accumulate.

If the company's behavior becomes too overbearing, you do have the option of filling a fair debt collection claim, but this only covers money damages, not ongoing acts in a situation such as yours.