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Can your finance company go to the authorities and file Grand Theft Auto if you are behind on your payments?


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2015-07-15 18:19:23
2015-07-15 18:19:23

Damien, as long as you are behind, they can repo. read your conract where it mentions "DEFAULT". If you are in default, they have the right to repo. Whether or not they do repo depends on many variables. Basiclly, they have to at least think there is a chance that you WILL pay so they dont repo. PAYING is the best way to make the lender think you will pay. LOL Good Luck and get your personal property out of the car until you get caught up.

YES if you are in default of your agreement they can attempt repossession and repossess your car. Your contract specifies what a default means. In practice they only repossess at 60 days past due but not always.

NO THEY CANNOT PUT A WARRENT OUT OR HAVE YOU ARRESTED FOR GRAND THEFT AUTO. Usually a repossession precedes a court order meaning they need no court order to repossess. As a result if you prevent repossession and hide the car you are not violating criminal law.

Once they are unable to take the car and its obviously hidden however they can get a court order and the sherriff's department takes over and demands you return the car. If you still dont then you are generally charged for contempt of court...but continued failure to return the car on court order could constitute theft.

But in your situation NO THEY CANT PRESS CRIMINAL CHARGES

Oh yes they can.

Some states, such as Georgia, have criminal code sections for "Concelement of property subject to security interest", and do not require contempt of court to have someone charged. A lienholder or their represenative can file an application for a warrant with the magistrate judges office, and the judge will set a date to hear it. (usually within a day or so) They are required to, as it is a state law with a code section, and if it is proven to have been violated, they have no choice but to issue a warrant, by their legal duty.

Before you say it can't happen, I know it can. Yes, you be criminally charged for conceling a vehicle from the lienholder, as I have seen it happen more than once.

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Only if you stopped making payments and are behind on your on your payments.

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No, They would have to be behind on the car payment The above is not always the case. It can depend on what the car was impounded for. If it was impounded for something like drugs where asset forfeiture comes into play then yes the finance company can take the car regardless of payment status. The reason for this is because there are times when the authorities will tell the finance company that if the vehicle is returned to the registered owner the finance company will lose their rights to it as well. The finance company does not have to hand their collateral back to you if it means loss of collateral, it is their car after all.

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If you are up-to-date then no, if you are a cosigner there may be complications...

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Have the car voluntarily repossessed. Using this option means that you voluntarily return the car to the finance loan company if you are too far behind on your payments and can't recover. If you decide to return the car, the finance company may pick up the vehicle or it may require that you return the car to its location.

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Yes. A dirt bike is the same as a street bike or any other type of vehicle. if you miss the payments, and the financier wants to exercise his rights to seizure, he can do so. If you are behind on payments the best thing to do is contact your finance company and explain your circumstances to him. There are probably options available to avoid repossession. The last thing any finance company wants to do is repossess their property.


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