Asked 9/21/2010
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Can a Car Loan company have me arrested? I live in VA and a repo man came by my house last night while I was not home looking to repo my car. He told my father-in-law that if I didn't come bring the car home, he was going to have me arrested. Can I be arrested for not surrendering my car? |
Answer 1/3 - Submitted 9/21/2010
Answer 2/3 - Submitted 3/4/2011
Not re-paying a car loan is not a criminal offence. The repo man or the car loan company cannot swear out a warrant for your arrest. You do have a financial obligation to re-pay any money due and obviously there can be credit concerns that nonpayment would force you to address. You could be sued if that was an option of the lender in the loan agreement, but if not then any outstanding balance could be placed with a collection agency.
Answer 3/3 - Submitted 3/5/2011
You can be arrested for not returning the car.
Under Virginia Code ยง 18.2-115, Fraudulent conversion or removal of property subject to lien or title, you can be arrested if there was a lawful demand of the vehicle and you refused reveal the location. In most states there has to be an actual court order before someone can face criminal charges for hiding a vehicle, however Virginia is not one of those states. If you live in Virignia, you must provide the location of the vehicle.
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