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Can you get arrested for not paying your car note?
Anonymous4 views4 answers
I have the car and have not paid the remaining 2449 owed in about 8 months, I have ever intention of paying for it with my income tax, however this is not for another month and an agent came to my job stating I would be arrested with a felony
It's not exactly clear from your question who came to your job, but first of all, there is no debtor's prison in Texas. Additionally, it is against both Texas and Federal Law to threaten prosecution in an attempt to collect a debt. If however, there is a court order out there that you are in violation of, then it is possible to be arrested for violation of it. This kind of order would be very unusual in the kind of case you describe. You need to get some professional help with this issue.
The general answer is no. Exceptions possible for fraud, theft, or if a court had already ordered you to turn it over. Sounds like there may be more facts than missed payments?
Thomas Joseph HendersonFamily Law AttorneySaint Louis, MO ·
Do you actually have title to the car or is there some sort of lease-purchase arrangement? In my state you can be criminally charged for failure to return leased property. If there's a possibility this is the situation, consult with a lawyer immediately. A felony conviction has far-reaching and likely irreversible consequences. Good Luck to you
While I rarely hear about anyone enforcing this law in a major metropolitan area, I guess because the police are already busy enough, it is in fact a crime in Texas to "hinder a secured creditor." Under the law, you are presumed to be hindering the creditor if you are behind on payments due to the creditor and, after the creditor demands that you turn the car over, you fail to surrender it. From what you have described, it sounds like you have committed the crime. It is not "grand theft auto," though. For property worth more than $1,500, it is a felony. For further information, the law is found in the Texas Penal Code, section 32.33.
