If your bankruptcy has been filed can u be arrested for a car that the creditor doesn't want to take back?

Asked over 1 year ago - Miami, FL

i am moving back to GA for employment and the creditor put a warrent out last year for a car they refused to come and get and bankruptcy has been filed already so I need to know do I have any rights?

Attorney answers (4)

  1. Derek R. Caldwell


    Contributor Level 18


    Lawyers agree

    Answered . In most circumstances one cannot be arrested for a past due debt. What kind of warrant was issued? What did they allege you did that violated a criminal law? Bankruptcy does not stop criminal prosecutions so if there is a pending criminal charge against you, then the bankruptcy will not stop the police from arresting you.

    DISCLAIMER: This message is intended as a general discussion of legal issues and not as a statement of fact, legal... more
  2. Gary D. Bollinger

    Contributor Level 19


    Lawyers agree

    Answered . I doubt if GA would extradite you to FL for this warrant.

  3. Mohammad Ahmed Faruqui

    Contributor Level 11

    Answered . Was there really a "warrant" out for your arrest or did the debt collector illegally say to you that there is a warrant out for your arrest? If the latter is the case, then the debt collector may have violated the federal Fair Debt Collection Practices Act and/or the Florida Consumer Collection Practices Act. Unfortunately, your question makes it very unclear what is really going on.

    The hiring of a lawyer is an important decision that should not be based solely upon any single source of... more
  4. Ashley Anne Digiulio


    Contributor Level 16

    Answered . You need to talk to an attorney.

    The DiGiulio Law Firm, LLC.

    The DiGiulio Law Firm, LLC. Phone: 888-540-4529 Website: www.atl-law.com Atlanta, Marietta, Lawrencevile,... more

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