You can be held in contempt of court.
You need to file for replevin in court. You will need to present evidence that the order is warranted. If the court is satisfied, you will be issued the order.
Yes, it is called hindering a creditor, or hindering repossession. It is not likely that you will be arrested for such, but it is far more likely that the creditor will obtain an order of replevin. If such occurs, the repossession agent is likely to return with this order accompanied by a law enforcement officer who will order you to surrender the vehicle. If you refuse you will be arrested, and you will have to surrender the car to secure your release.
The action is referred to as a 'replevin order', and it is possible to get such an order from the court in any US state. The majority of US states including Texas does not require a replevin order to recover a vehicle.
Under some circumstances, YES. Do you really want to go to jail for a car???? WHY cant they find a car YOU are supposed to be driving and paying for?? NO, you cannot be arrested....UNLESS, there is a "Writ of Replevin" (court order) that you must at that time turn the car over or tell the lender where the car is. Without the court order it is a civil matter and you CANNOT BE ARRESTED.
Not without a replevin order from the court of jurisdicition.
In many states, yes. This is called hindering a linder in the recovery of collateral. In some states such as California, it is a felony, while in others it is a misdemeanor. In the event the lender obtains an order called a replevin against you, if you attempt to avoid the repossession, you will be arrested for contempt of court and the vehicle will be impounded and turned over to the lender any way.
An order of replevin will force you to turn over the vehicle or face charges of contempt of court.
A replevin writ is a court order granted to a complainant to recover goods that have been unlawfully taken or retained. In some instances, the complainant will be required to post a bond before the order is granted.
habeas corpus
The writ of replevin is a court order to return property that doesn't belong to you, and where the rightful owner does not have the right to repossess them.
You are likely thinking of a writ of REPLEVIN. It's a Court Order for the vehicle to be served on the customer for the vehicle.
Yes and no. A writ of replevin is a court order to surrender a vehicle. Anyone who interferes with such can be arrested and held in contempt of court. This includes you, or any third party in possession of the vehicle. The mechanic's lien is a matter between you and the mechanic. If the repossessed vehicle is sold, and the proceeds exceed the amount of the original remaining loan balance, then any remaining money from the sale must be paid to the mechanic to satisfy his lien.