QUESTION

What happens if I had a car title loan out, was unable to pay, and gave the car back but they’re threatening a warrant for arrest?

Asked on Sep 19th, 2015 on Bankruptcy - Colorado
More details to this question:
I had a car title loan and ran into hardship. I gave the vehicle back and now they are saying because they allowed me to take out more than its value they are taking it to auction and after it sells I will have a warrant for arrest. Can they do that even though I gave the car to them? Are they allowed to take more money than it’s worth out and how is that my fault?
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6 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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Obama and Fellony haven't got the power to take the constitutional rights of non-contributors away yet, so that prohibition against debtors' prison means that you still can't be arrested for not paying a debt. There will not be a warrant for your arrest. They can sue you, garnish your wages, etc. but not arrest you.
Answered on Sep 29th, 2015 at 4:38 AM

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It is not a crime to surrender a car which sells for less than the balance owed. A warrant for your arrest in such a situation could only be issued if you failed to obey an order of the Courtsuch as not supplying a Financial Disclosure form after a judgment, or not appearing for a Supplemental Examination. The loss of value in the car might or might not be your fault. But fault is not relevant in collection of debt: the only question is whether you owe the money or not. Perhaps the car was auctioned in a manner which was not calculated to bring the highest price? Perhaps its appearance grew worse under the lender's care. You might be able to come up with some such defense to a lawsuit for the deficiency, but under Wisconsin law, you need not have much fear of being arrested so long as you comply with all court orders. A bankruptcy would wipe out the deficiency, but because of the cost and bother, that is generally a remedy for someone with a good many debts s/he cannot pay, rather than just one. Good Luck
Answered on Sep 28th, 2015 at 10:35 AM

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The threat of arrest is false and possibly illegal, just trying to intimidate you into paying the likely deficiency on the car loan after they auction it. If they take any action to follow through on this threat, consult a lawyer about possible legal remedies you may have against them. Does not sound like you have done anything wrong!
Answered on Sep 25th, 2015 at 6:28 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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This violates so many laws that I do not even know where to begin. Start by contacting the Nevada Financial Institutions Division which regulates title loan companies. This outfit ought to be stripped of its right to do business.
Answered on Sep 25th, 2015 at 6:28 PM

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You are liable for the debt but that is not a crime. They would need to sue and win a civil suit before they can try to collect.
Answered on Sep 25th, 2015 at 6:18 PM

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Derek W. Freeman
You can't be arrested for not paying a consumer debt. In fact, threatening you with an arrest warrant would be a violation of the FDCPA, and a creditor can get into serious trouble for doing that. What the creditor can do is repossess the car, sell it at auction, and demand that you pay the deficiency. There are various ways for a creditor to make you pay. First they must get a judgment, which means taking you to court. You can contest this, but if you owe the money, and if they can prove that you owe the money, the creditor will get its judgment. Once the creditor has obtained a judgment, it can start garnishing wages, levying your bank account, and possibly placing a lien on your house. But you won't go to jail. A bankruptcy will discharge debt such as this, so you may want to examine your situation and see if it's worth doing.
Answered on Sep 25th, 2015 at 6:17 PM

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