Legal Question in Civil Litigation in California
I'm being sued in California for default on a loan for a travel trailer. I no longer have the trailer for them to reposse and I even wrote them a letter to try and make payments because I do want to pay off the loan but had financial difficulties this past year they said they want paymet in full. What will happen o me since I do not have possession of the trailer? Can I go to jail?
2 Answers from Attorneys
No, inability to pay a debt is not a criminal matter. Unless they could show you intended to steal the trailer, the only legal action is civil. Also, it does not matter if you have the trailer or not in that they can not sue you for both the amount you owe and get the trailer too. They only get one or the other. If you sold the trailer to someone without telling them you were not the owner, then you could get into criminal trouble.
You can be sued, but you can't be put in jail. We don't have debtor's prisons anymore.
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