My husband and I rented a clarinet for my daughter for school and we truly forgot to return it - now we have an attorneys office calling our home telling us that we have stolen equiipment! my husband explained the situation and he did not want to hear it, he threatend my husband with a bill of $639.00 and told him that we had to pay and could not return the clarinet to the company, when my husband asked for his name he refused to give it to him and hung up on him. At that point my husband called him back to try and resolve the situation and the attorneys office told him that he did not want him to pay the bill but in fact wanted him to pay by suffering with the police that would be showing up at my door to arrest him with possession of stolen property and then told my husband that he better get himself a good attorney becasue he is about to have a terrible week, and if he called his office again he was going to have him charged with harrasement. What can I do?
2007-01-16 15:51:05 · 8 answers · asked by petieraven 1 in Politics & Government ➔ Law & Ethics
Contact your local attorney general's office. File a complaint with them and ask them for other numbers you can call to file a complaint against this attorney....there are plenty.
2007-01-16 15:56:29 · answer #1 · answered by Anonymous · 2⤊ 0⤋
I am not an attorney but this sounds WRONG. This is a civil matter, not criminal. All the company can do ( I think ) is sue you for the price of a new like kind and or quality instrument. If you still have the instrument and it is in good shape, not considering normal wear and tear then that should be good enough. Upon return of the instrument they may be able bill you for the extra time you had it. Like the late fees charged at a movie rental store. Did the company call you before sending this shark out-to you to remind you that you had their property? How long ago did you rent it and how late is it?
I would get the attorney's name and turn him over to your state's bar association as well. I also would make a complaint with your better business bureau and a state consumer protection against the business that rented you the instrument.
Since the attorney initiated the contact I don't think he can charge your husband with harrasment-but I don't know for sure. If you have any more contact with him-I would record the conversations. Don't swear at him or say anything that could be construded as a threat-swearing at him (at least in my state) can get you charged with unlawful use of the phone. Also in my state we have a one-party consent law-meaning that if I wish to recorde a phone conversation I can, as long as I am one of the parties involved in the conversation. A lot of people where I live assume that you have to tell the other party that you are recording but at least where I live you don't. Check it out where you live.
One more thing-Of course they don't want you to return the instrument to the company-they want you to pay the cash. Paying cash means they get a signifigant chunk of the $639, like a third or better. If you return the instrument-the may only get a portion of the late fees you may be responsible for.
Good Luck
2007-01-17 00:20:44 · answer #2 · answered by TommyGirl869 3 · 0⤊ 0⤋
There is collecting a legal debt,and then there is childish harrassment. A creditor cannot refuse payment in favor of browbeating a client. You are the one being harrassed here, not this idiot calling you.
No judge is going to look kindly upun such ridiculous behavior and your first line of defense is not to get sucked in by childish threats.
Given that lawyers charge $175/$300 an hour, this should tell you that this buffoon is truly an idiot eaten up with his emotions and taking something way out of context. Send the stupic clarinet back certified mail, and the idiot cannot refuse it in order to entrap you, and even if returned or refused you have shown a good-faith effort. Then let him implode with his own rant when you also send payment by certified mail under separate cover.
2007-01-17 00:01:53 · answer #3 · answered by justbeingher 7 · 0⤊ 0⤋
of course they want you to pay it it sounds like a collection agency and they don't care if you return it or not they want the money I would call the company you rented it from and clear it up with them you may have to pay late fees and possible legal fees for having the collection agency involved but you shouldn't have to deal with them again
2007-01-16 23:59:10 · answer #4 · answered by youhoo it's me 4 · 2⤊ 0⤋
keep all records, make a paper trail, contact the state attorney generals office.
2007-01-16 23:57:45 · answer #5 · answered by Anonymous · 2⤊ 0⤋
If you did not get it from him give it back to the one you borrowed it from ? It`s not a murder charge ask the Local Slander DA ?
2007-01-17 00:02:50 · answer #6 · answered by wyear 1 · 0⤊ 0⤋
Ignore it. This is so unprofessional. And it is a civil matter not a criminal matter. the police won't do anything.
2007-01-16 23:55:33 · answer #7 · answered by Anonymous · 0⤊ 1⤋
please read the Fair debt collection act. It sounds to me what they are doing is illegal, and you should get legal advice.
http://www.ftc.gov/bcp/conline/pubs/credit/fdc.htm
2007-01-16 23:55:00 · answer #8 · answered by Jen 5 · 2⤊ 0⤋