Failure to return rental property
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Failure to return rental property
I failed to return rental property, the company filed charges and i was never served, I paid company the entire amount due, they went to magistrates office to have charges dismissed and was told that we have to go to court. I went up to courthouse to get a court date and told them that I paid the company also and they just said you have to go to court. If I paid and the company told them I paid, why do I have to go to court?
Asked on March 3, 2016 under Criminal Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You have to go to court because once charges are filed, the company is no longer in charge of the case--the prosecutor's office is; and also because if a crime was committed, it's still a crime even if you later returned the property or paid what you owe for it. (E.g. if you stole someone's car, it's still car theft even if you bought them a new car.) Repaying the amount will definitely help you in court, and the prosecutor or judge may choose to dismiss the charges *if* they believe that you ddid not commit a crime (e.g. intend to steal) but simply made a mistake, which you later made good--but you'll almost certainly have to go to court and speak to the prosecutor to see if he'll recommend dismissal.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.