Vehicle Repossession Criminal or Civil

[kmullikin7]

Hello! I am in a situation where I once resided in TX and my husband and I financed a vehicle from a finance company. We ended up having to leave TX because of some personal issues and move back to TN. While we were in TN we ran into a finance bind because of the lack of employment and not being able to find a job and no one was hiring (small town). So we got behind on our payments and on top of all of that I became very I'll and ultimately hospitalized for 3 months. Anyways the finance company were trying to contact us only to find out my husband were not keeping in contact with them so they were upset about that of course. Now the lady at the finance company has contacted my probation officer and said that she is going to sign a warrant on me for grand auto theft. What I am wanting to know is can she do that or is this a civil matter. It has been bothering me because I can not afford to have another charge on my record. Yes I did make a mistake in the past 6 years ago and I'm paying for it now being on probation. I am worried that I can be violated if she signs this warrant. I have asked them to just come get the vehicle for the last 2 days. They want there vehicle back and I understand. But if I decided to hold out until I get my other car next week can I be prosecuted?

 

[army judge]

No one in this country (that includes probationers) goes to prison for owing a debt.

Now, know this, the information I'm offering you isn't a guarantee of any specific outcome.

But, is is based on years of seeing some of this, and some of that.

You can't steal your own car. You may have violated the terms of the finance contract by taking the car out of Texas, but you can't go to prison for that. Why? As you suspected, it's a civil matter. That said, I suggest you thoroughly and slowly read your finance contract. It might reveal information that you were previously had no knowledge about.

You might be in trouble with Texas probation authorities, however. Normally, those on probation aren't allowed to leave the state without written permission or passes. You appear to have relocated to TN. You just can't take the liberty of doing that, no matter your reason. The debt collector may tell the PO where you are, and they can come and get you and TRY to violate your probation.

I'd worry less about teh car and the debt, and more about getting violated by a judge for absenting the state without permission.

I suggest you read you probation documents, because you were told this when you received your probation intake.

That might be a bigger problem for you.

 

[despritfreya]

It is a crime in Texas to hinder a secured creditor's right to regain possession of its collateral upon default. Now, whether or not the lender will proceed under the below cited statute is a question. It is also a question as to whether or not proceeding under such statute can reach into Tennessee:

Texas Pinal Code Sec. 32.33. HINDERING SECURED CREDITORS. (a) For purposes of this section:

(1) "Remove" means transport, without the effective consent of the secured party, from the state in which the property was located when the security interest or lien attached.

(2) "Security interest" means an interest in personal property or fixtures that secures payment or performance of an obligation.

(b) A person who has signed a security agreement creating a security interest in property or a mortgage or deed of trust creating a lien on property commits an offense if, with intent to hinder enforcement of that interest or lien, he destroys, removes, conceals, encumbers, or otherwise harms or reduces the value of the property.

(c) For purposes of this section; a person is presumed to have intended to hinder enforcement of the security interest or lien if, when any part of the debt secured by the security interest or lien was due, he failed:

(1) to pay the part then due; and
(2) if the secured party had made demand, to deliver possession of the secured property to the secured party.

(d) An offense under Subsection (b) is a:. . .

(4) state jail felony if the value of the property destroyed, removed, concealed, encumbered, or otherwise harmed or reduced in value is $1,500 or more but less than $20,000;

(5) felony of the third degree if the value of the property destroyed, removed, concealed, encumbered, or otherwise harmed or reduced in value is $20,000 or more but less than $100,000;. . .

________

More often than not, threats to go after someone criminally are just threats but such is always possible depending upon State law.

Des.

 

[fredrikklaw]

She is on thin ice!

KNULLIKIN7:

The situation you find yourself in is 100% a civil matter and has no criminal implications and the finance company is way out of order for making a threat that sounds borderline criminal itself and I highly encourage you to report the woman from the finance company t the authority for making threats under the collar of law.

You can tell just from what she has threatened you with that she is nothing but a two-bit skip tracer sitting in a cubicle at the finance company, because not only does she not have any authority or cause to contact your probation officer, she is also a no body with no authority to either sign or tell someone to "sign a warrant" and not even your probation officer can sign or otherwise produce a warrant out of thin air.

There is only one person and one person only who can issue a warrant and that is a Judge, who are kind of picky about the U.S. Constitution, especially about the 4th Amendment which says a warrant shall only be issued on probable cause supported by oath and affidavit and all the rest of it. Judges are at times reluctant to issue a search or arrest warrant on a known criminal if they feel the detectives do not enough probable cause.

You think the district attorney is just going to march into the Judge's chambers and have a warrant signed for a CAR LOAN DEFAULT on a debt collector's say so?

Again, do not be timid and take that woman by the (proverbial) scruff of the neck, letting her know in no uncertain terms that you would contact the police if she makes that threat one more time. She can threaten to take you to civil court or with repossession of the vehicle until she is blue in the face but she is way out of line to threaten to have you arrested.

fredrikklaw

 

[despritfreya]

KNULLIKIN7:The situation you find yourself in is 100% a civil matter and has no criminal implications. . . You think the district attorney is just going to march into the Judge's chambers and have a warrant signed for a CAR LOAN DEFAULT on a debt collector's say so?. . .

Now, while it is true that prosecutors dislike laws that make such things a crime, such things are not just civil matters. In addition to the above post that quotes the Texas statute, OP might want to take a gander at a very recent news cast in my state dealing with this type of issue. . .

http://www.kpho.com/story/24046344/little-known-az-law-forces-police-to-become-repo-men

Des.