I don't think so. Any loan under a contract is generally a civil and not a criminal matter. The point of the lender holding title to a car as collateral for a loan is he/she can claim your property in the event that you do not pay the loan. If 45 days past due is in violation of the loan contract, you are in default and the lender can receive title to your car. You may lose your car, but they cannot take you to jail.
You may be able to negotiate different terms, but without a job you may be at a disadvantage in negotiations. You can also give up the car, but you it will go against your credit and hinder your chances of purchasing another car in the future or getting a loan.
I hope this helps.
Ian A. Taylor
The Taylor Law Office L.L.C.
Pawleys Island, SC
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