I had entered into a lease with Xidax PC and had KRW financing the PC. When the PC was delivered no one was home and the product was still signed for and delivered to an unknown person. After not paying them KRW contacted me and requested the two months of missed payments. I told them that I would not be making payments since the package was not delivered to me. The collections person told me that I had to pay or return the PC, when I expressed that I did not receive it for a second time I was told to file with homeowners to receive the money to pay them. I decided to leave the issue alone until another collections guy from them called me and said that I would be arrested if I did not return the property or pay them the full amount due. The man explained that my contract said that I owed regardless of whether or not I received the product, when I requested for the contract to be sent to me he said that I already had it and he would not send it to me and that he will be proceeding against me.
Kenneth E. HoganCommercial Real Estate AttorneyLas Vegas, NV ·
The short answer is "no" you'll not be arrested. This is a civil matter, not a criminal matter, as evidenced by the lease agreement. As to the collector's assertion that the contract states that you must pay whether or not they deliver, that is absurd -- and even if it is in the contract, it is very unlikely an enforceable provision because it would destroy consideration/mutuality of obligation within the lease. If they bring suit against you, you'll likely need an attorney to fight it out. Considering the expense of that, you're far better off to do the research on your own and attempt to resolve the matter outside of court. You'll need to research fair debt collection act, but that statutory scheme gives you rights to inquire, in writing, as to an alleged debt. I think you need to get copies of the lease and also the signature card on the delivery, at a minimum.
Ira W DavidIntellectual Property Law AttorneyLas Vegas, NV ·
You have received good information already. I would add a few things. First, keep a detailed record of all communications involved in this matter, going back to the lease and including all phone calls. If you did not record it at the time, use your best recollection, and make a note that you are making the log entry from memory.
Next, you are entitled to receive a copy of the delivery receipt. If they refuse to provide it, do not provide them with anything.
Also, your insurance status is not any of their concern. You have the same protection whether or not you have homeowners insurance.
Finally, if they continue to harass you it may be worthwhile getting counsel and giving any caller your attorney name and contact info.
