A friend bought a car from a buy here pay here place that sold him a very abused car (he didn't test drive it....duh). When he went back to have them fix the car he told them it was sold as is and refused to do anything. He has since had to dump a bunch of money into the car and thus hasn't been able to make the payments. They have been trying to repo the car unsuccessfully and telling his family they are reporting the car stolen. I have been telling him this is a civil matter and they will need to take him to court. Can his credit be ruined since it's not a "real" creditor? I don't believe they checked his credit when he made the agreement to pay them back. I believe it's a shady business and my friend has a lot to learn when it comes to buying a car. All in all, what can they do to him and what can he do legally? I don't believe they should be allowed to make these threats to his family. I have suggested getting a down payment together, purchasing a new car and returning this one.
2006-08-23 06:00:40 · 8 answers · asked by Robert M 1 in Politics & Government ➔ Law & Ethics
no he can not be arrested, they can not do anything of the sort as in reporting it stolen... they can only sue him for what he owes on the car... tell him not to worry about being arrested, but he will more than likely go to court over being sued for it
2006-08-23 06:06:02 · answer #1 · answered by dfksaturn2003 3 · 0⤊ 0⤋
They are a "real creditor". If the car is sold as is, they are not responsible for repairs. If he is hiding the car from the repo man, he can be charged with auto theft. The car is stolen once he refuses to make payments. This will ruin his credit. Buy here pay here is a legal business. I can't say if they have done anything illegal in this deal or not. Your friend is in the wrong for not paying for or giving the car back.
2006-08-23 06:10:22 · answer #2 · answered by Mark F 4 · 0⤊ 0⤋
First of all each state has a lemon law concerning the sale of used cars, so depending on what he paid for the car they may be responsible for repairs! It is completely against the law for the seller to threaten anyone! They can indeed make attempts to reposess the vehicle and they can take him to court to get the vehicle back and or put a judgement on him for the money owed for the cost of the car! If the car is titled and registered to this individual the seller cannot report the car stolen! DEPENDING ON THE TYPE OF CONTRACT HE SIGNED, IE; IF ITS IS TO AN ACTUAL 3RD PARTY LENDER THEN YES IT CAN AFFECT HIS CREDIT, BUT IF IT SIMPLY A BUY HERE PAY HERE AND THE SELLER TAKES A DIRECT PAYMENT no his credit cannot be ruined! I hope this helps! PS if this seller is threatening any type of violence or police action he can be reported to the police and charged!
2006-08-23 06:13:56 · answer #3 · answered by Anonymous · 0⤊ 0⤋
First off, NO they can not have your friend arrested, they can repo the car, and file suit to recover their loss, however. Unfortunately it will hurt his credit, and these used car lots can be pretty shadey, but he did sign a contract for a used, has is car, he's stuck with it.
If he can try to purchase a new car and then let them repo the other one, as you had suggested.
2006-08-23 06:12:09 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It is not unlawful to be a deadbeat in America, nor can the lien holder report it stolen which would be filing a false police report, a misdemeanor.
2006-08-23 06:11:30 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You cannot be arrested for failure to pay debts...
If they report the car stolen, they will be guilty of having filed
a false police report...
They are too smart to do this, it is an empty threat...
2006-08-23 06:08:11 · answer #6 · answered by Anonymous · 0⤊ 1⤋
arrest = no
sue = most definitely
2006-08-23 06:13:47 · answer #7 · answered by Beth 3 · 0⤊ 0⤋
no--------- just duck, dodge, and play dumb
2006-08-23 06:11:30 · answer #8 · answered by john p 3 · 1⤊ 0⤋