can i be arrested if im 4 monthes past due on my car payments and owe like 1480.00 in behind payments?

Question

Im behind on my car payments they have tried to repo it but havent been able to thus far, now they are telling family memebers that they will have me arressted if i dont pay 1480 to get current? can they actually have me arressted over a damn finance situation without going to court first?

Answer 1

No, you absolutely will not be arrested over a debt. This is a civil matter, not a penal law matter. They can take you to civil court and sue you but thats about it. Owing money is not a crime. Even car repossession is a civil matter, if you are good at hiding from the repo man all they can do is take you to court, thats why the police dont do repos, its not a criminal matter. The person threatening to arrest you is out of bounds if you are telling us the whole story. Some debt collection agencies have lost some signifigant lawsuits over stuff like that.

Answer 2

I don't know if they can arrest you but they can certainly take you to court over the past due payments and could reposess the car (though I'm not certain why they have been unsuccessful so far.) Keep in mind, if they take you to court and a judge rules that you must pay the outstanding money due, you'll also be liable for the court fees associated with that action and you may still lose the car if you are unable to make payment on the back debt AND keep up with the upcoming payments...

Any chance you can talk to the creditor and try to work out some sort of payment plan to pay down the debt?

Probably a good idea to remove any personal items from the car though...if they repossess it while you are at work or away, you'll likely not get any cds or whatever else back.

Answer 3

Not in the US. There is no such thing as a debtor's prison. However, if they can' get the car repo-ed they can sue you to deliver the car which you will then have to hand over the car and the courts will make you make the court cost and attorney fees. If you do not show up for court then the court could rule in favor of the lein holder and grant them full title and control of the car. They (the lein holder) would then have to notify you of the situation and that you are no longer authorized to drive the vehicle. Once you have received this notification, they can then have a stolen vehicle report done at the PD and then you can be arrested if you are caught driving the vehicle.

It's a long process and one where you will not benefit by dragging it out. I suggest you either return the car, find a buyer to pay off your debt or get the money together can pay them. These really are the only three choices you have and the longer you drag it out.. the worse it will become.

Good luck and I hope this helps!

Answer 4

No, it is NOT ILLEGAL to be late on car payments. If this was true, most of our friends or family members would be ex-cons at some point. They can threaten you all they want (they tend to make threats when they become frustrated) but they cannot arrest you. Think about it - what would they charge you with? Criminal failure to make payments? No sir, that is WHY they have repo agents. If late payments were a crime, they would simply have the police pick up the car. This is a civil matter, and all they can do, once they repossess your car, is either file a judgment and take you to court, and/or report your delinquency to the credit bureaus. Owing somebody money is not a crime, only stealing money is a crime. Consider this legal grey-area: If you borrow a car from somebody, and tell them you will bring it back later that nite, by law, you're not obligated to return it - EVER. This has happened to my sister AND a close friend of mine. In both instances, the police could do nothing. They can only write it up as something called "failure to return", where they may or may not try to find the car. They consider it low-priority, in the same class as a missing cat or dog. The car was not stolen, and even if it was not returned a year later, it is STILL not stolen. Sad but true. So you can hide that car from them, and even if they never find it (which is unlikely - they almost ALWAYS get their cars back - and even if you leave state, you would never legally own the car because you don't have a title - that means there is no way to register the vehicle in your state, so it would eventually become illegal to drive it) they will try to get their money back by ruining your credit for you. But for you, it's a lose-lose scenario, so your best bet is to work things out with the bank and try to work out payments or re-finance if possible.

Answer 5

From my experience..... it was the fourth or fifth month of past due payments when the put an order out for the cops to look for your car, this is for repossession only, if the cops find you and your car and you are doing something else against the law then, yes they will arrest you. No they will not arrest you, I had worried about the same thing, they will only repossess the vehical. I owed 12000 on my car and Ford Motors didn't contact me for two years about owing anthing after the repossession. Then they sent a lawyer after me who wanted the entire payment at one time. It was a nightmare, I had gotten my life back together and thought it was over. I all worked out good though.

Sounds like you bought yours through a person. If you had made a contract with them when you bought the car, I would look over this contract again and make sure that it doesn't address this situation.

Answer 6

You can't be arrested and it is against the law for a collection agency to tell you (or your family members) that you will be. You can (and should) report them for doing this.

You obviously cannot afford such an expensive car.

It is only a matter of time before they catch up with you to repo the car. You really should have approiached the lender and worked something out before things got this far because you won't get another loan anytime soon.

Answer 7

Yes, you must allow them to reposses the car. You have not paid for it thus you have stollen it. They have notified you and demanded the car be returned. This is unlike consumer credit card debt. You must turn over the car to them.

When the police stop you they can decide if they want to arrest you, but typically they will not. They will just take the car unless you have committed other crimes.

The credit company can also sue you in court. They can go after the car and any other assets you have if you refuse to cooperate with them. It is really their choice on how they decide to collect this debt from you.

Your credit is going to be ruined for many years if you don't get this under control quickly.

Answer 8

No, you cannot be arrested.

But they can take your car anytime, anywhere!

Call the bank and tell them your situation and see if they can work out a solution you can both live with...

or hide the car and contact a bankruptcy attorney. He can try to work out a deal where you still pay on the car and keep it... but you'll have to pay him anywhere from $700 to ?

Otherwise, consider the car gone and invest in a good pair of walking shows. Empty your car out now as it will be difficult to get these items once they take the car.

Good luck.

Answer 9

No they cant arrest you but they will hound you till you either pay the past due amount or they repo the car.
If they are making threating phone calls you need to record what they are saying you may have a harrassment lawsuit against them.

Answer 10

My husband used to do repossessions, so certain, they are going to come and take it. All banks have distinct regulations on how lengthy they are going to allow you to bypass in the previous repo'ing the vehicle. Your suited wager is to call the finance employer, clarify why you're so in the back of, and set up an association to capture up. they could be lenient and let this, or they might call for the go back of the motorcar. maximum organizations will artwork with you as long as you're making an attempt. try providing element of the overdue stability right now, with a percentage to be promptly deducted out of your monetary corporation account each week. It shows them you're intense about paying your debt. contained in the period in-between, the in straightforward words thanks to stay away from them from taking the vehicle isn't to park it at artwork or abode, or to make confident that's thoroughly blocked in with the help of different vehicles - they could't contact the different vehicles. some community police departments can help you the repo men out, besides the undeniable fact that, with the help of coming for your position and asking you to reveal over the keys or flow the different vehicles. merely understand, that in the adventure that they do repo the vehicle, you're answerable for the steadiness of the non-public loan, the repossession prices, and the prices to prep and resell the vehicle. they are going to deduct the quantity they receive (many times at auction, and many times decrease than you owe) from the steadiness you owe them.