Legal Question in Criminal Law in Texas

I never paid aaron's rental for merchandise in 2004 totaling 5,900, i recieved a call stating i will be served to come to court for grand theft and they will be asking the judge for an 10 year judgement against me. I have no prior criminal record what are my options?


Asked on 6/29/10, 3:00 pm

1 Answer from Attorneys

Ryan Bormaster D. Miller & Associates, P.L.L.C.

Was the phone call from Aarons? From a collection agency? Did you record the call? It is illegal in Texas to threaten criminal prosecution for a civil matter. Your contract for purchase was a lease to purchase that you breached by failing to pay. They have a secured interest in the items you were under contract to purchase and can repossess the items and can take you to civil court to try to get a money judgment against you. I would have to read your lease/purchase agreement but I do not believe you are subject to criminal prosecution for a civil contract breach. If they threatened this then they could be in violation of the Texas Fair Debt Collection Practices Act, the Federal Fair Debt Collection Practices Act and the Texas Deceptive Trade Practices Act. I would be happy to discuss this with you further. Feel free to respond in here, to call me at my office or to send me an email. My toll free number is 866-483-2649. I'm Ryan B. Bormaster with D. Miller & Associates.

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Answered on 6/30/10, 9:12 am


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