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Can a lender file auto theft charges if they want to repo your car and do not know where it is?

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2011-09-12 14:50:38
2011-09-12 14:50:38

It depends on your state laws what it is called.Usually not called 'auto theft" but isn't that what it amounts to?Here is a NC law I had open at the time.§ 14-115. Secreting property to hinder enforcement of lien or security interest. Any person who, with intent to prevent or hinder the enforcement of a lien or security interest after a judgment or order has been issued for possession for that personal property subject to said lien or security interest, either refuses to surrender such personal property in his possession to a law enforcement officer, or removes, or exchanges, or secretes such personal property, shall be guilty of a Class 2 misdemeanor. (1887, c. 14; Rev., s. 3436; C.S., s. 4288; 1969, c. 984, s. 3; c. 1224, s. 1; 1987 (Reg. Sess., 1988), c. 1065, s. 2; 1989, c. 401; 1993, c. 539, s. 57; 1994, Ex. Sess., c. 24, s. 14(c).) (2) If that maximum punishment is more than 30 days but not more than six months imprisonment, it is a Class 2 misdemeanor; and

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Yes. He can file charges of theft if the vehicle is in the possession of someone other thant the debtor or codebtor. He can have the lender file charges of hindering repossession. He may be able to file charges of breaking the peace if the party holding the vehicle does not quietly turn over the keys and cooperate with surrendering the vehicle.

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It is true but not likely. The normal is to file a writ of REPLEVIN. The court has the sheriff come to get the car or YOU if you cant/wont produce the car. Just give it up and avoid all the extra charges ect.

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Its personal property its nothing the law can do you can take him to small claim court to get your stuff back. No you can't file theft charges against him


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