Ashley Furniture trying to take couches (please help asap)

[maskedraiderfan]

My future son in law purchased furniture from Ashley Furniture. At the time he was making great money but, he did in store financing. It took around 9 months for him to receive the furniture and all of that time he continued to make payments while waiting for his furniture. He has been paying continually since he purchased the furniture and they admit that he has paid off the furniture but, now they say he still owes on the interest. They are saying he has to pay $800 by Friday or they are going to take the couches. I took in a payment for him and they were very rude to me. I am a teacher and I told them they could either take the payment or not take it. They told me they were going to file Felony Theft charges on him. He has been paying $650 a month.

I just want to know do they have a case can they file Felony Theft charges against him or are they just talking like most collection agencies?

 

[dee_dub]

You should consider posting this in the Criminal Law forums, since your question is primarily criminal in nature.

They can file whatever they like. Getting it to stick is another matter. Assuming the value of the furniture is sufficient to charge your son with grand theft, they would still need to prove intent. I can imagine a prosecutor laughing them out of the office. This sounds like typical collection agency posturing.

They can, of course, still repossess the couches if he doesn't pay what he owes. And interest is part of what he is required to pay.