Legal Question in Credit and Debt Law in Missouri

i have a company that i have bought a item from i feel on to some hard times so i feel behind in my payments witch started in dec in jan thay came to my house and tryed to push there way in to my home to get the item i told them they couldnt do that and then they told me i was going to jail if i didnt pay or give the item back thay came to my house 4 times and did this i have tryed to take care of this by makeing small payments now when i pay they tell me that i have to have 80 by tomorrow and then 165 on tues i am taking money for food to pay them is there any thing i can do

Asked on 1/27/10, 7:06 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

yes. Give the thing back. If you have to choose between this thing and food, clearly the thing has to go. You do not have a right to not pay what you owe and still keep the property. They do not have the right to enter your home to repossess the property, however. You can keep them out. The next time they come to your house you can call the police and ask them to remove the trespassers. They cannot charge you with theft if you have made a partial payment (or should not be able to in most situations). If this is a rent-to-own situation, that could be different. Also, if you signed a document that gives them the right to come into your home and get the item, they might be able to get the sheriff to help them enforce that.

But to me the issue is simple: there is no item that is so worth having that I would give up eating to get it. Let them have it back. And get another one when times are not so tough.

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Answered on 2/09/10, 8:20 am

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