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View Sample
Legal Notification Letters |
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Theft of
Leased Property
A summary of PA Code 3932
a)
Offence defined: A person who obtains personal property under an
agreement for the lease or rental of the property is guilty of theft if he
intentionally deals with the property as his own.
b)
Definition: as used in this section, a person “deals with the
property as his own” if he sells, secretes, destroys, converts to his own
use or otherwise disposes of the property.
c)
Presumption: A person shall be prima facie presumed to have intent
if he:
1)
Signs the lease or rental agreement with a name other than his own
and fails to return the property within the time specified in the
agreement; or
2)
Fails to return the property to it’s owner within seven days after
a written demand to return the property id delivered by registered or
certified mail to the persons last known address.
d) Exception: his section does not apply to secured
transactions as defined in Title 13 (relating to commercial code).
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SAMPLE LEGAL NOTICES
You may copy & use these letters should a
customer default on the return of rental property. However it is
advised that you consult with your attorney prior to using these letters.
First Letter:
RE:
Equipment _____________
Date of Rental ____________
Dear Sir,
On __________ you entered into a lease agreement with
our company for a _______ for the period from _______ to ______. This
lease has now expired, and you have not returned the leased or paid the
accumulated fee.
Therefore, our company has delivered this demand for return of the
aforesaid property to your last know address by certified mail, return
receipt requested, pursuant to Section 3932 entitled "Theft of Leased
Property" found at 18 Pa. Cons. Stat. Ann. 3932 (Purdon 198 1). If you
fail to return the above-described ____________ within seven (7) days
after delivery of this written demand, you will create a presumption by
law that you have intentionally dealt with this property as your own.
Failure to return this _________ will result in this company filing
charges against you for Theft of Leased Property to the fullest extent of
the law. Under Pennsylvania law, the theft of property valued between $200
and $2,000 is a misdemeanor of the first degree, if convicted of a
misdemeanor of the first degree, a person may be sentenced to imprisonment
for up to five (S)years of be fined up to $10,000 of or both.
In light of these facts, I expect the return of this company's _________
and payment of all the accumulated rental fee within seven days after
delivery of this demand letter.
Sincerely,
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| 2nd Letter:
Date: _______
RE: Equipment: _________
Date of Rental: __________
Dear _________
On ______, you entered into a lease agreement with our company for the
period from
______________ to _________. This lease has now expired, and you have not
returned the leased ____________ or paid the accumulated rental fee.
Therefore, our company has delivered this demand for return of the
aforesaid property to your last known address by certified mail, return
receipt requested, pursuant to Section 3932 entitled "Theft of Leased
Property" found at 18 Pa. Cons. Stat. Ann. 3932 (Purdon 198 1). If you
fail to return the above-described _____________ within seven (7) days
after delivery of the written demand, you will create a presumption by law
that you have intentionally dealt with this property as your own.
Failure to return this ____________ will result in this company filing
charges against you for Theft of Leased Property to the fullest extent of
the law. Under Pennsylvania law, the theft of property valued between $50
and $200 is a misdemeanor of the second degree, a person may be sentenced
to imprisonment for up to two (2) years or be fined up to $ 5,000 or both.
In light of these facts, I expect the return of this company's
___________, and payment of all the accumulated rental fee within (7) days
after delivery of this demand letter.
Sincerely,
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Felony Third Degree - Letter No. 4
RE: Equipment - _____________
Date of Rental - _____________
Dear Madame/Sir:
On ________ you entered into a lease agreement with our
company for a(n) _______ for the period from _________ to _________. This
lease has now expired, and you have not returned the leased or paid the
accumulated rental fee.
Therefore, our company has delivered this demand for
return of the aforesaid property to your last known address by certified
mail, return receipt requested, pursuant to Section 3932 entitled "Theft
of Leased Property" found at 18 Pa. Cons. Stat. Ann. 3932 (Purdon 1981).
If you fail to return the above described _________ within seven (7) days
after delivery of this written demand, you will create a presumption by
law that you have intentionally dealt with this property as your own.
Failure to return this ______________ will result in
this company filing charges against you for Theft of Leased Property to
the fullest extent of the Law.
Under Pennsylvania law, the theft of property valued in
excess of $2,000 or the theft of a motor-propelled vehicle, is a felony of
the third degree: if convicted of a felony of the third degree, a person
may be sentenced to imprisonment for up to seven (7) years or be fined up
to $I 5,000, or both.
In light of these facts, I expect the return of this
company's _______________, and payment of all the accumulated rental fee
within seven (7) days after delivery of this demand letter.
Sincerely,
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