Legal Question in Criminal Law in Mississippi

Rental Car

I rented a car in Tennessee and notified the agency that I was keeping it a little longer! I was told via phone that it was o.k. and I could clear up my balance when I return the car. Upon returning the car, i was stop and arrested. I rented the car in Tenn and was stop in MS. Tenn said not to hold me but MS charge me with taking the car from their county and city. Is this legal.


Asked on 4/08/09, 9:10 am

1 Answer from Attorneys

Wayne Woodall Wayne Woodall Attorney

Re: Rental Car

Under the current laws of Mississippi, the failure to return a rental vehicle can be a felony. In the event there was a contractual agreement to extend the term of the contract, that may be insufficient to insulate the renter from criminal liability in the event the vehicle was taken across state lines without permission or consent. The rental contract would control. Overall, the issue is the "intent to return" the vehicle as compared to a claim that the renter "intended to defraud" the rental company by absconding with the vehicle across state lines and/or by failing to return the vehicle as agreed. It is extremely important to document the "agreement" to extend the term of the contract. Alone, however, documentation of that agreement (to extend the rental term a day, a week or some other period of time) may be insufficient to avoid criminal exposure unless the rental company was aware that the vehicle was going to be used in Mississippi and consented to use of the vehicle in this state.

One in this predicament is well advised to contact criminal defense counsel with experience with rental contracts at once to try to prevent Arrest and/or Indictment for "Fraud by contract" pursuant to Mississippi statutes.

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Answered on 4/08/09, 4:21 pm


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