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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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Answered 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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