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Collections Law/Repossed Vechiles
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Question
I have a 99 volkswagen cabrio that i owe an estimated amount of $8,000.00 I have missed 6 months of payments due to a loss job. i received a phone call from an attorney telling me there is a warrant for my arrest in the state i purchased the vechile. My question is: if i voluteer to give the car can i still get arrested?
First, you cannot be arrested for a civil debt unless it is proven you have defrauded a creditor;however, I believe there is an issue if the vehicle was taken out of state without the lender being made aware of it. I believe the term is called conversion. If they cannot prove you intentional misled them it isn't conversion. A lease is also another matter that may be a problem.
In answer to your question, I believe you would be safe to turn in the vehicle. Be aware that they can sell it at auction and attempt to collect the deficiency which may be substantial.
Also,I suspect the person you spoke to is not an attorney at all. Attorneys don't make collection calls. It was probably a collection agency using an attorney as a front to intimidate the debtors. If they had a criminal issue they would have arrested you already. Don't panic. Just do what you need to to resolve the issue. You wont be arrested.
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Answers by Expert:
Michael Brotherton
Expertise
Consumer/Debtor Rights Advocate. Mike Brotherton is a negotiator with over 30 years experience in consumer lending and collections. Mike has 30 years in the credit and collections industry as a former loan officer, debt collector and manager of two finance companies over several years. Mike is well versed in Loss Mitigation practices and the legal collection process. He has helped literally thousands of people over many years overcome serious financial problems such as foreclosure, creditor lawsuits and abuse by debt collectors. For more information about resolving your "financial emergency" visit www.financialemergency.com. FinancialEmergency.com is a consumer web site which actively promotes Fair Debt Collection Practices and other consumer protection laws. We teach DEBTOR RIGHTS and enforcement of those rights. The more informed you are of your rights and the credit collections practices of creditors the more peace you can have dealing with your FINANCIAL EMERGENCY. Most financial problems are fairly common and as such have some very common solutions. The key is understanding your rights in the collection process and how to enforce them if need be. Primary business- Debtor Rights Advocacy and Debt Mitigation relating to foreclosure, creditor lawsuits, and other serious financial problems. www.financialemergency.com (copy and paste in browser).
Experience
Over 40 years combined experience negotiating disputes and resolving financial issues related to consumer debt, corporate issues and mortgage modifications.
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