My car has been in repo status for the last 8 months and now there is a private investigator (alleged) calling me threatening to put me in jail. Is this true? Can I go to jail? I don't want the car because it is a lemon, but I need it for a lttle while longer. I have a baby and no one to help me in getting back and forth. Please help with any advice or suggestions because the car is not worth going to jail for!
2007-02-25 06:00:16 · 3 answers · asked by Serenity 1 in Cars & Transportation ➔ Buying & Selling
Dear friend, Im sorry to hear your predicament - HOWEVER, if you have sought the assistance of a bankruptcy lawyer and you are sure this is what you want to do - THEN DONT TURN THE CAR OVER BECAUSE A BANKRUPTCY FREEZES EVERYTHING UNTIL YOUR BANKRUPTCY PROCEEDING IS OVER. Nobody can take anything unless the judge says so. If the repo man takes your car while you are in bankruptcy - HE GOES TO JAIL - NOT YOU ! IF HE SO MUCH AS CALLS YOU - HE GOES TO JIAL ! Therefore you can keep driving the lemon until your BANKRUPTCY PROCEEDING IS OVER. If you tell the repo guy you are filing bankruptcy next week - I guarantee you they will send out 100 tow trucks looking for your car before you can file bankruptcy b/c THEY KNOW - they wont see your car for a long time - IE until the B is over. Soooooooooooooo, dont tell the repo guy you are filing B.
IF THEY DO GET YOU CAR before B - - they will sell it at auction ( or one of the repo guys relatives ) for $2000 less than its book value - then the slimballs will legally come after you for the balance of the good deal to uncle charlie price & the market prices - Probably $2-3000 + Attorney fees. But you darlin are going to be smarter than that, you are going to get on this bankruptcy thing pronto - and then watch your bank grauvel at the foot of the court. Because bankruptcy is what is known as an equitable - as opposed to legal proceeding - the judge can do what he/she/it - thinks is fair - therefore, you tell him/her/it on the bench what a piece of crap you car wuz, and how it is one of the reasons that you are in financial difficulty !
CALL AN ATTORNEY. If you cannot afford one - call the local law school and ask for legal assistance for single mothers OR call Cathoilc Community Services & tell them you need a B atty but cant afford one. Good luck ! THere will be a day when you stand in the sun again ! Dont be put off by moral arguments against filing Bankruptcy & paying your bills - if you are - ask yourself if it is moral to charge poor people 25% interest when the Bible & Islam texts forbid it..
2007-02-25 06:31:59 · answer #1 · answered by thefatguythatpaysthebills 3 · 2⤊ 0⤋
No, it's not a private investigator and you're not going to jail.... that's just the tactic bill collectors use to scare you in to paying.
As for bankruptcy..... if they repossess the car after you file, I don't think you're protected when they come after you for the balance (minus what the car sells for at auction). Check with a lawyer.
But just because you think it's a lemon doesn't give you the right to stop payment. You bought the car "As Is" without having it checked by a mechanic. Next time buy a new car so you'll be protected with a warranty.
2007-02-25 14:17:25 · answer #2 · answered by Anonymous · 0⤊ 1⤋
Hey.. been there done that. Its just a collector and they will say anything to try to get you to pay, including trying to scare you. I was in a similar predicament like you, single mom. The collector said he was an investigator and even called my job to say I would be arrested. I was scared at first but got wise counsel. 1-you can't be jailed for your debts. 2-Simply tell him not to call you anymore, as a matter of fact tell him you are taping the conversation. As firm as he is with you , you be just as firm, but don't go to his level, be respectful if you can. Tell him he is not to call you at your job or home anymore harrassing you or you will contact the attorney general's office. Now on to your circumstance, I know what its like to be caught between a rock and a hard place, but sit down and really think about the bankruptcy.. I filed and not a day goes by that I wish I did not. For me, it would have been better to let the car go. I would not advise bankrupcty for just to keep a car. You know your situation better than me. But I know where you're coming from. In any case, I just want you to know that its a scare tactic. NO you can't go to jail. God bless.
2007-02-26 23:33:32 · answer #3 · answered by Anonymous · 0⤊ 0⤋