Can't they just file a police report suggesting you stole it? It's the government's job then and since the police barely have to investigate anything they are sure to actually do something. That's a quick way to get a search warrant filed.

[–] MirthfulAlembic@lemmy.world 8 points 1 day ago (1 children)

No, at least not in the US. It does not meet the legal definition of theft because (I believe) the property was initially acquired legally.

Otherwise, the police would be doing repo for things like delinquent car loans, which is dystopian corporate hellscape stuff.

[–] yetAnotherUser@discuss.tchncs.de 3 points 1 day ago (1 children)

Really?

Over here in Germany refusing to return items which someone contractually entrusted you is a misdemeanor. You would be treated like, say, a car repair shop who refuses to return your car you entrusted them to repair.

This differs from not paying debt, in that case you are legally in possession (not ownership though!) of whatever indebted item so the only recourse is a civil lawsuit. Besides, repossession can only be done through a court-ordered official:

Due to the state's monopoly on the use of force, foreclosure may only be carried out by state foreclosure bodies, such as bailiffs. With the exception of permitted self-help, unauthorized foreclosure by the creditor is prohibited and is generally unlawful as vigilante justice.

This translation sucks btw, the term "foreclosure" is inaccurate because it refers to a court ordered official either seizing money/stocks/investments and/or physical valuables (valuables = items not required for a modest lifestyle such as jewelry, designer clothes, fancy non-IKEA furniture etc) or foreclosing your property. In case of specific debt like your car they would probably seize that instead unless you demonstrate you rely on it to get to work unless it could be substituted with a cheaper car which would then be provided in exchange.

[–] MirthfulAlembic@lemmy.world 3 points 1 day ago

Technically, yes criminal conversion is certainly a thing. If the laptop was expensive and you lived in a really low crime area where the cops were bored that might get pursued. My experience is that cops are practically more likely to say, absent a court order, to sue the person because it's he-said she-said. It's just too much effort for a potentially muddy situation.

You'd be surprised how often things that are theft/technically theft are not actually pursued by police in the US. The property crime clearance rate (resulting in at least arrest) is <15%.

Holding onto a rental car, on the other hand, is both expensive and cut-and-dried enough (contract states definitive end date ahead of time) to be a bad idea.