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How does one get a lawful eviction if not by civil court
What does that have to do with anything? I just told you that in landlord-tenant law we give special rights to trespassers that withhold from them criminal liability for a time (specifically the time it takes to get a lawful eviction in civil court).
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And not returning a video tape rental is far greater detriment to society that we must arrest them, even though the law doesnt allow it..
We dont have debters prisons yet in america.
What does this have to do with out conversation?
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Note the keyword in bold.. A rental agreement GIVES authorization.
The only other section which could possibly apply is by deception, but you'd need to prove she had intent to deceive..
Not going to happen.
Yes, a rental agreement gives authorization for a period of time. Once that period of time expires, I no longer have authorization. If I rent a VHS for 5 days, on the 6th day I am an UNAUTHORIZED possessor of another's property.
In the terms of the Colorado statute, on day 6 I am knowingly exercising control over something of value that belongs to another without authorization. I am in violation of the act component required for criminal theft. If the VHS's true owner files a criminal complaint, I will be arrested.
After that, if I refuse a plea-bargain and the prosecutor decides to prosecute, he will try to make his case to the factfinder (the judge or jury) that I:
(a) Intended to deprive the video store permanently of the use or benefit of the VHS; or that I
(b) Knowingly used, concealed, or abandoned the VHS in such manner as to deprive the video store permanently of its use or benefit; or that I
(c) Used, concealed, or abandoned the VHS intending that such use, concealment, or abandonment would deprive the video store permanently of its use and benefit; or that I
(d) Demanded consideration as a condition of giving the VHS back to the video store.
If he convinces the factfinder I kept the VHS for any of those reasons, then I will be found guilty.
This is really nuts. A video? One video? Sure she should have returned it but a DVD costs very little to make and sells for an average of $15-20$. The holding pen space should be reserved for real crimes.
In the UK, most retailers even prefer to take Civil Recovery Action against Shoplifters, which is generally more effective in terms of recouping losses and is backed up by County Court bailiffs.
There isn't going to be any deep investigations, trial, jury or whatevertheheck some of you guys fantasize about. The reality is probably more like she returned the video and the store, in it's confusion over closing, has bad records. UNLESS this was ongoing behavior on the part of the "perp" then history will show.
I know this happens, I got a bill from a third party collection agency once over the last 2 movies we rented from a place that went out of business many years ago. Do I have the movies? Nope. Do they? Well, not anymore. Try and prove anything though. The only time it's ever an issue for you is if it could ding your credit.
Jeez, and she could've avoided all of this by just taking the movie back.
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US woman arrested over nine-year overdue rental video
