Rent it, don’t steal it.

A different Texas debt collection scenario.

One of our clients is an equipment rental company. They rented a backhoe to the defendant, a small construction company.

The defendant paid rent for a few weeks and then alleged that the backhoe had been stolen.  Of course, the rental agreement placed all responsibility for its theft on the defendant. So we filed suit.  Surprisingly, the matter went to trial. During the course of the trial it became apparent that the Defendant was still using the backhoe. The defendant apparently thought it could keep its location a secret from us. The judge was absolutely livid.

Needless to say, the court ruled rather quickly that the value of the backhoe was owed to our client and a judgment was obtained.

This defendant had a lawyer. It was inconceivable.

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