Can a warrant be issued for my arrest if I havent returned a car that is in repossession status?

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Anonymous Mar 28, 2011 Criminal Defense 1 views 4 answers

Can a warrant be issued for my arrest if i havent returned a car that is in repossession status?

Attorney Answers

Dana L. MannerLemon Law AttorneyMiami, FL

Dana L. MannerLemon Law AttorneyMiami, FL · Jun 15, 2026

I am not an attorney on WA. In FL, repo agents often threaten criminal arrest for concealing a vehicle, based upon a FL law that is seldom applied in repo cases. Finance companies have 2 methods to recover a car: 1. Self-help repo and 2.) Judicial Process (Writ of Replevin). When a self-help repo fails, the lender can go to court and get an order to take back the car, and the Sheriff can break and enter your home/garage/storage place to gain possession. If your car is locked inside your garage at your home, it is unlikely in FL that you would be prosecuted by the state. The state is the only entity that can bring criminal charges against you. The bank does not want to wait for the state to decide if they will prosecute, and for a criminal case to be decided before they might get the car back. Also, under certain circumstances, the threat of arrest or criminal prosecution can be a violation of the debt collection laws. Consult with an attorney in your state to protect your rights.

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Shawn Alexander

Shawn Alexander · Jun 15, 2026

I agree with both previous answers and the agent cannot ask for filing criminal charges unless you commit a crime. Your possession in violation of your contractual agreement is not criminal , but it is a breach of contract and they have a civil right to the possession of the collateral. Good Luck

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Timothy Chianglin

Timothy Chianglin · Jun 15, 2026

A warrant will not issue unless a criminal charge has been filed. When a criminal charge is filed, the court where the charge is pending will mail you a summons to appear (since this is a nonviolent offense and assuming you don't have much of a criminal record). Watch for mail from court and if you recently moved or have been using a relative's address, check mail there as well. The summon will tell you when and which court to appear. When you get the summon, either retain an attorney or contact the court and request a public defender. If you fail to appear as required by the summon, then a bench warrant will be issued for your arrest.

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Lenell Nussbaum

Lenell Nussbaum · Jun 15, 2026

The prior answers are good, but there is another consideration: if you want to avoid even the possibility of being charged with a crime, you might want to return the car or consult a lawyer to see what your options are. It is almost never helpful to one's future endeavors to be charged with a crime. A lawyer may be able to help you resolve the matter before it goes to a court or prosecutor.

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