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Can you get arrested for not paying your car note?

Fort Worth, TX |

I have the car and have not paid the remaining 2449 owed in about 8 months, I have ever intention of paying for it with my income tax, however this is not for another month and an agent came to my job stating I would be arrested with a felony

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Attorney answers 4

Best Answer
Posted

It's not exactly clear from your question who came to your job, but first of all, there is no debtor's prison in Texas. Additionally, it is against both Texas and Federal Law to threaten prosecution in an attempt to collect a debt. If however, there is a court order out there that you are in violation of, then it is possible to be arrested for violation of it. This kind of order would be very unusual in the kind of case you describe. You need to get some professional help with this issue.

Hope this helps. If you think this post was helpful, please check the asnwer was a good answer tab below. Thanks. Mr. Geffen is licensed to practice law throughout the state of Texas with an office in Dallas. He is authorized to handle IRS matters throughout the United States and is licensed to practice in US Tax Court as well as The Court of Claims. This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.

Asker

Posted

a person claiming to be an agent came to me job in a tow turck in which the car want there, he said to contact the place where I got the car, which i did and let them know that I intend to pay them completely next month. The car lot did not say anything about jail time but the agent guy said that I was facing a felony of grand theft auto. Is this true if I dont give them the car back?

Posted

The general answer is no. Exceptions possible for fraud, theft, or if a court had already ordered you to turn it over. Sounds like there may be more facts than missed payments?

Asker

Posted

the agent that showed up at my job was driving a tow truck and said I could be arrested for grand theft auto, other than I havent turned over the car I dont think I've commited fraud, to my knowledge no court papers have been presented telling me to turn it over. and I called the car lot stating my intent to pay the full amount within one months time

Posted

Do you actually have title to the car or is there some sort of lease-purchase arrangement? In my state you can be criminally charged for failure to return leased property. If there's a possibility this is the situation, consult with a lawyer immediately. A felony conviction has far-reaching and likely irreversible consequences. Good Luck to you

Asker

Posted

I'm in texas but know that car title is under my name but the buy here pay here lot where I got the car from has the title. there is no lease

Posted

While I rarely hear about anyone enforcing this law in a major metropolitan area, I guess because the police are already busy enough, it is in fact a crime in Texas to "hinder a secured creditor." Under the law, you are presumed to be hindering the creditor if you are behind on payments due to the creditor and, after the creditor demands that you turn the car over, you fail to surrender it. From what you have described, it sounds like you have committed the crime. It is not "grand theft auto," though. For property worth more than $1,500, it is a felony. For further information, the law is found in the Texas Penal Code, section 32.33.

I am licensed only in Texas. Offering information of a general nature in response to a question is not intended to be legal advice in your state.

Kamryn Maris Caldwell

Kamryn Maris Caldwell

Posted

Another great answer from Attorney Armstrong

Gary Alan Armstrong

Gary Alan Armstrong

Posted

Thank you, Kamryn

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