Legal Question in Credit and Debt Law in California

In rare instances they might be able to. Particularly if the debt was secured by an automobile and the car "went missing," the lender might be able to convince a district attorney to pursue grand theft auto charges. Its not a simple case, however, because until the lender repossesses the vehicle, the registered owner still has every right in the world to maintain possession of the vehicle. Other instances where you might face criminal charges is where the money (loan) was obtained through fraud, deceit or other illegal means. I believe you are going to start to see some cases such as this involving real estate mortgages.

In general, it is extremely unlikely that a creditor can cause a criminal case to be filed against you for the typical kinds of debts that people have but can no longer afford to pay. If a creditor is threatening criminal charges, they are possibly violating two different laws - the Fair Debt Collection Practices Act, and in California it is considered blackmail to threaten someone with criminal prosecution or administrative actions in return for the payment of money - even money that is legitimately owed.

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Normally not unless there was some kind of criminal conduct involved like lying on the application, using a false name or things like that. Further it is unlawful and a violation of both the Federal and State Fair Debt Collection Practices Acts to do so. Notwithstanding that, finance companies and their collector do some pretty stupid things.

If they o that go see a debt collection attorney such as ourselves as you might have a good case against them.

Check our website out at bellilawfirm.com or call (886) 981-1850.

Good luck and best wishes for the new year.