I'll apologize right now for the length of this post. If you don't have much time, you may want to move on to a shorter subject as this one requires some detail in my effort to find any possible suggestions or solutions to this issue. I will thank anyone in advance for taking the time to try to help me with it. OK, here goes.

I work as a Collections Specialist III for several different businesses and have run into some issues regarding a valid state statute, and the refusal of the County Attorney's Office to prosecute the cases I am submitting.

One of my contracts is with a Rental Purchase Dealer (better known as Rent To Own).

In 2005, after a number of the renters for one particular store were obtaining the merchandise, and never being seen or heard from after the rented property had been delivered, I did some research into the State Statutes regarding Theft, and rental property.

I found a statute that specifically addressed the issue I was facing. Here is the wording exactly as it appears in the statute:

Theft by Unlawful Taking or Disposition:

(3) Except as provided in subsection (4) of this section, it shall be presumed that a lessee's failure to return leased or rented movable property to the lessor after the expiration of a written lease or written rental agreement is done with intent to deprive if such lessee has been mailed notice by certified mail that such lease or rental agreement has expired and he or she has failed within ten days after such notice to return such property.

Subsection (4) addresses the rental of a motor vehicle and has no bearing to my cases.

I immediately mailed 4 certified notices to 4 of these customers. After the ten days expired, I called to report the crime to the police department. I was told that this was a civil matter, and that they would not take a report, period.

After numerous messages, and being transfered from one supervisor to another, over a two week period, I finally asked the officer to please provide me with the name, and contact information for the person responsible for refusing to take my report.

Suddenly, my reports were taken, without question. I thought my problem was solved.

Then, it came time for the investigating officer to present the cases to the County Attorney. When he did, the County Attorney refused to accept the cases. When I spoke to the representitive at the CA office, the answer I recieved was, and I will paraphrase from over 3 years ago, "our office decided over 20 years ago, that we were not going to accept any of these type cases from a Rent to Own business".

I asked if this person was actually there 20 years ago, of course he was not. I then said OK, I'm requesting that these cases be prosecuted, under the valid state statute, or I need to know who the person is that is refusing to do so.

Suddenly, my cases began to be prosecuted. Everything went as it should, up to now.

A new employee of the County Attorney's Office, refused to accept two cases from the Police Officer and told the officer to have me call with any questions. I phoned and spoke to her, she said she needed to discuss my cases with her supervisor to determine what they were going to do about them, and she would call me back by the end of the day.

Six phone calls, and two weeks later, I got in touch with her and here is what I was told.
"I still have not had the chance to speak to my supervisor, but, I am the one who has refused your cases, because in my personal opinion, you have other options to resolve these issues, and I'm not going to accept them anymore, you are welcome to speak to the County Attorney if you wish". I said, OK, will you please put him on the phone? She said "no, you must call back". I said but the number I call, is the phone you answer? "Yes it is she replied, but you will have to call back, I'm not going to get him on the phone".

I called back, of course he was unavailable and a message was taken for him to return my call. Since then, I have written two letters, and left over 9 phone messages without a single return call or message.

I issued a complaint with the State Attorney General over a week ago, mailed notes of all the conversations, copies of the letters written, and sent them off. After 9 days now, still not even an email or message that my complaint has even been received.

Keeping in mind that the County Attorney has accepted, issued warrants, customers have been arrested, property has been recovered or restitution has been ordered as part of the sentence or punishment, and well over 25 individuals now have criminal records having been successfully prosecuted under this statute over the past two years.

Am I wrong in expecting them to continue to prosecute as they have been for the last two years?

Am I wrong in the statement that it is the job of the County Attorney to enforce the laws without regard to personal opinion?

Would I have some recourse against this new employee who has taken full responsibility for turning my cases away?

Who, other than the State Attorney General could I plead my case to as I believe they do not have any legal right to refuse to enforce a valid state statute, especially after doing so for a two year period, with no legal reason for doing so, only based upon her personal opinion?

I know that they are ignoring me in hopes that I will give up, and just go away, but I refuse to do so. It is my tax dollars that help pay these people to do their jobs, and uphold the laws that exist.

Any opinions, or advice would be greatly appreciated on this matter.

progunr

I do not envy you!

Your issue is obviously theft, and probably happening on a much more regular basis than the 3 or 4 customers a month that I am chasing after.

excon

Hello again:

My unique background allowed me to make a few bucks in the security business. I did things similar to lo jack, although my focus was on the convenience store clerk. My systems can be found in many Circle K stores and 7-Eleven's throughout the US.

Since RTO products are electronic, a small, affordable and undetectable device can be installed that would disable the electronics upon receipt of a message delivered by cell phone or satellite - thereby rendering it useless, unless the payments are made, or it gets returned.... Yes, you can call a refrigerator and tell it to turn itself off. As a bonus, it could also broadcast the GPS location of the item.

I haven't invented it yet, or maybe I just did. I think I'll call it Rent to Crash.

excon

JudyKayTee

[quote=excon]... it to turn itself off. As a bonus, it could also broadcast the GPS location of the item.

I haven't invented it yet, or maybe I just did. I think I'll call it Rent to Crash.



Have to spread the reputation around but this is worthy of writing down and saving.

progunr

Funny you mention such a thing, I like your version better, than the one already available.

It's called "on time" systems.

While you can't contact it, it is installed inside any electrical device. It has a key pad and when the customer pays the account, they receive a code to punch in that will allow them to use the appliance for another rental term, 1 week, 2 weeks, what ever they pay for.

If they do not make the payment, and use the new code, the appliance quits working.

It was good for a short while, until the customer figured out all they had to do was open the appliance, unplug the real cord from the On Time device, and simply plug it into the outlet, and the On Time device becomes useless.

A version that can be contacted, and tracked, would be incredible!!