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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 116707
Experience:  Attorney experienced in commercial litigation.
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I am in Louisiana and want to do some Rent-To-Own type

Customer Question

I am in Louisiana and want to do some Rent-To-Own type financing in our area with metal carports,sheds,garges type structures how do i secure our company if default on payments arises and customer doesn't return items...? Is there options to pre-sign agreement
with customer to garnish payroll check where payment would to deducted from employer if default...?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

In Louisiana, you cannot garnish a paycheck without a court order. However, in rent to own contracts in LA, there is a bigger stick. Louisiana Revised Statute 14.220.1 makes it a crime to failure to return rental property or not pay for the rental property in a rent to own agreement. So your security is a written lease agreement binding them to pay, with a clause in the lease telling them that you have the right to enter onto their property to recover the property and that if they become in default and refuse to surrender the property to you, they can be charged with LA RS 14.220.1, which can be a felony punished by 2 years in prison if the value of the property is over $1000.

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