Is a non payment and non return of items at rent a center a criminal matter or civil case? Can you get arrested for it?

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Is a non payment and non return of items at rent a center a criminal matter or civil case? Can you get arrested for it?

Do you get arrested on capias warrants? How can
they accuse you of theft? Where’s the proof?

Asked on March 28, 2018 under Criminal Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The criminal case is false pretenses which means that you obtained the property by fraud since you did not pay and did not return it.  The proof is that you did not pay and did not return it.
In addition to false pretenses, you can also be charged with fraud or sued for fraud because fraud is both criminal and civil.
Fraud is intentional misrepresentation of a material fact made with knowledge of its falsity (you did not intend to return the items or pay for them) and with the intent to induce reliance on the part of the Rent-A-Center which justifiably relied to its detriment (Rent-A-Center let you obtain the property because it believed that you would pay and/or return the items). 


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