i was out of the country for almost 5 months and when i got home i find out that my cousin never made the payments for me with money i left. instead he spent on something else and now i am delinquent. im mad but i just wanna resolve this. i have messages from some investigator now leaving messages that i am gonna face criminal charges for not paying my car. is that even possible? does she have the right to call my friends and tell her my business and that i will go to jail i dont pay right now. im obviously gonna pay it but does she have the right to harrass and threaten me through my friends since i wasnt around?
2007-01-17 10:55:24 · 5 answers · asked by j diddy 1 in Business & Finance ➔ Credit
you wont go to jail, at worst they will impound it and mess up your credit, first, i would smack that friend around ,next call them and explain it to them and tell them you are going to pay, lastly smack friend around some more and end friendship,
2007-01-17 11:02:49 · answer #1 · answered by jokerswild 4 · 0⤊ 0⤋
You'll want to be careful here. Usually, they repossess a car if you don't make the payments for 3 months. 5 months is a long time, and chances are the bank is considering that you are hiding the vehicle to avoid repossession. In that case, you are stealing their property and you can be arrested for that...not for the debt though. If an investigator is calling you the bank has started the repossession process and the only way out of it now is to give the car back peacefully. I would then negotiate with the bank a way to pay the arrears. Either way, call them and figure out what is going on.
2007-01-17 22:34:31 · answer #2 · answered by Kevin K 3 · 0⤊ 0⤋
No collector has the right to discuss your personal business with anyone. Likewise, you can demand in writing that they stop calling you at work, home, or your references, and legally they must cease those calls.
Explain to the lender what the situation was, and ask to make arrangements. Typically, if you can prove that your story is valid, then they will work with you.
Also, report the collector to the lender, and tell them that you are looking into reporting a gross violation of the Fair Credit Reporting Act. Google this, and you will get great advice.
You can not go to jail for not paying a bill: debtors court went out of fashion 2 centuries ago.
Be honest and willing to work with the lender, and they typically will work with you. They dont' want to repossess the car.
2007-01-17 20:56:30 · answer #3 · answered by Robert S 3 · 0⤊ 0⤋
It depends in what town you're in, if it is considered harrassment. First of all, since the person that was suppose to pay your bill for you and he didn't, that isn't the collector's problem. He's main concern is to get the money.. SO find a way to work this out with him/her or simply give the vehicle back. However, they can sue for the remaining balance. Unfortunately. It is best that you get a hold of the creditors and send them money asap if you want to keep your vehicle. If they seem cold towards your problem, I wouldn't be surprised..people use that excuse...all the time..However if you do have proof, they will work with you to fixing this problem.. Good luck.
2007-01-17 19:19:01 · answer #4 · answered by jcsas_2000 2 · 0⤊ 0⤋
This person has violated the fair debt collection act. You should get an attorney that deals with debt collection. When an agent of a lender acts so brazenly, the lender usually has to forgive the debt and may be forced to pay additional restitution.
debtors prison has been gone a long time. You annot face criminal chages for defaulting on a private debt.
2007-01-17 19:03:01 · answer #5 · answered by trade00 1 · 0⤊ 0⤋