When can rent a center prosecute for theft by conversion?

I rented a computer 10 months ago from rent a center. I am now 3 weeks behind on my payment. They told my husband today that because my account is 15 days past due that they can now send me to the state attorneys office for prosecution. the laptop that i have is a dell inspirion 1500 which was brand new out the box is not worth the 3000 dollars that they want for it. should i cut my losses and return it or fight it out in court since I have already paid a fair price for it. This is not the first time I have been late but the first time I have been this behind.

They also are refusing any payments. They just want the computer back. How can I try to catch up the account when they are demanding back rent and the next weeks rent also?

Whether you want to return the computer or not is your call, but as for the criminal charges, I can tell you that the Rent-A-Center is bluffing.

Theft by conversion is a form of larceny: It occurrs when a person obtains property through a lawful pretense (such as an offer to rent), but then illegally converts the property to their own use *with intent* to permanently deprive the rightful owner of possession.

They sent you that letter to frighten you. You would be guilty of theft by conversion only if you obtained the computer with the intent of stealing it from the Rent-A-Center.

Yes, the Rent-A-Center can send the case to the state's attorney, who will then promptly tear it up, because they know it would be clear to any jury that you do not intend to *steal* the computer. You are simply late on your payments. Besides, if you intended to steal the computer, why would you have paid rent for ten months? The criminal charges, at least, are open and shut in your favor.

If the Rent-A-Center wants its computer back, it will have to go after you in civil court.

Personally, I'd give the computer back if I couldn't make the payments. Especially because as a renter, your payments don't count toward anything. At least if you purchased a computer and paid for it in installments, with each installment you would be that much closer to owning it. With a piece of rental equipment, with each payment you are that much closer to...nothing.

(Of course, even if you return the computer you still owe payments for the months you already had the computer)

Most likely they are trying to intimidate you into getting your delinquent account caught up.

Theft by conversion requires that they prove you had the intent to take this computer under false pretenses. Since you have had the computer 10 months, and are only recently behind, it is unlikely a prosecutor wants to take this case to trial. intent is the hardest element to prove in these type of cases, and Rent-A-Centers set themselves up by their business-plan of "renting" their merchandise in this manner.

Lesson learned: Stay away from Rent-A-Center. They play on people's weak credit and impulsive buying tendencies and then strong-arm you when you fall behind.

Get the account caught up best you can. That will help with any defense that you are attempting to steal or have the intent to steal.

If your contract lets you return it, do it, but I'm sure you will still suffer financially if you do.

Good luck to you!

return it. I dont know what the terms of your deal are, but it is not worth 3000, it is now used, you can buy something comparable for $300 on ebay that is used. is it worth it?? hell no, return it and move on.

Fair price and what you signed on paper agreeing to pay are two different things.....

If you signed a contract agreeing to pay them $5000 for a $2000 computer, then you owe them $5000, not $2000.

You owe them them the money, because you signed a contract stating that you would pay them this money for said computer. You're not going to convince a judge otherwise.

Either pay them what you owe, or return it, and take the loss..... that's your only options.....

Value of an item is a different thing to different people! Obviously the laptop is not worth what the Rentacenter wants for it to you! You need to find out if returning the merchandise is an option to you..

The fair price for the computer is what you agreed to pay. Period. No court will ever undue a contract based on value if the seller has not committed fraud (which they didn't).

Charging $3,000 for a $1,000 computer is how they stay in business. Returning it will not absolve you of the debt. They will sell it at auction for $25 and you will owe the difference.

If you go to court, you will lose. They haven't been in business for this long without knowing their legal rights. No matter what you do, you will pay them. Get that into your head and work towards that end.

Anyone can send anything to the State's Attorney but it is that official that decides what to do about it. In my town, the DA feels that this is entirely a civil matter and will not prosecute. He also will not prosecute bad checks from payday loan places because they are in the business of taking bad checks. Couldn't say how your prosecutor feels, but most do not want to be whores for the rental places. As to any civil suit, your rights and responsibilities are spelled out in the contract. If you agreed to pay, then you owe it.