hot check law in texas can u repo a car it was for repair?

Answer 1

You did not say if the car was financed or if it was paid off and you wrote the bad check for it to get it back so lets look at both aspects of this crime.

Lets say that your car was paid for and that you wrote a bad check to get it back, that is a civil as well as a legal matter. If you can not get the check covered before they check goes to the DA, you my friend are going to court for the check, BUT it will go beyond writing a bad check, they can and very well might also get you for theft of service as well as theft by deception.

THEFT OF SERVICE. You had the shop do the work and then wrote them a bad check to get your unit back, you did not pay them for the service they performed. You did not say how much the check was for, but with repairs running the way they run I am sure it was over 1000.00 and that my friend is a FELONY in the state of Texas.

THEFT BY DECEPTION. Almost the same as THEFT OF SERVICE only if they can prove you had no money or not enough funds in your account to make the check good, that's where the DECEPTION comes into play. This is also a FELONY in the state of Texas if the value is over 1000.00 dollars.

Then you have the passing of the bad check charge over 1000.00? FELONY.

Here is the catch to your repossession question. No the repair shop can not repossess your car, they took the check, it went out of the gate, at that point it went from a civil matter to a criminal matter, HOWEVER if your car is financed they can and I have seen it happen several times in my career, run your VIN number which they have and find out who the lien holder is on the unit, in turn they can call the lien holder, fax them the bad check, fax them the bill and have the unit picked up by them. Not all finance companies will do this but some will. If you unit is finances it would do the repair shop no good to repo it if they could, when the payments are not made, it will be repossessed from them. The finance company is the owner of the unit, you are not. They can not withhold the unit from it rightful owner because of something you have done.

What to do to get out of this mess and not go to jail?

Get that check covered. Call the repair shop tell them that you made an error in your book keeping and you would like to make an arrangements to pay this off. Sure they are going to stick it to you, but better them stick it to you that the District Attorneys office right? See what you have to and pawn the rest, your freedom is worth far more than anything you won, and if you go to jail, you wont own anything anyway.

Worst going to worst you may have o lie to them. Tell them that you were oven a check that bounced and so all of the checks you wrote off of it thinking it was good bounced, what can you do to fix it?

Sure they are going to have a crappie attitude with you, as they should, you screwed them. Now you need to own up to it and fix it before you go to jail over it and honey, who wants to go to jail over anything, little lone a car?
Give it your best shot, at this point you have nothing to loose but your freedom.

Answer 2

2

Answer 3

I've heard (don't know for a fact though) you have to pickup the car and pay your bill within 30 days of the shop notifying you that repairs are complete. After the 30 day period the shop can legally sell your car for the cost of repairs if it is still sitting on their property. The only exception to this is if you make arrangements with the shop to make payments on the repairs until the bill is paid off. If the shop does go for payments they will hold the car until the bill is paid in full.
I had to go through this once when dad smacked the car I had. The shop held the car until the bill was paid off. I drove their loaner during that time. ...and we were making the payments while the work was getting done.

Answer 4

State Of Texas Repossession Laws

Answer 5

you have two problems. (I think)

One you wrote a hot check.
Two, you ordered repairs and wrote a hot check to pay for them.
so you didnt pay for the repairs.

Can the mechanic take your car?
Yes. He can file a mechanics lean.
The long and short of it is, he can keep the car until you pay him.

Will you be prosecuted for the hot check.
Probably. Especially if it was a high enough amount.

On the lighter side, You wont be needing a car in jail.

Answer 6

You sure can.