Legal Question in Credit and Debt Law in Florida
is this possible
i am behind on my car payments the finance company wants full payment or will file grand theft charges. is this possible
2 Answers from Attorneys
Re: is this possible
no, this is a civil matter, not criminal
Re: is this possible
Hello. I just reviewed your question. That is a common threat that creditros or their agents make to debtors. I have never heard of anyone getting charged with a criminal violation in this situation. I can state for sure, the failure to pay the debt can never cause you to be charged criminaly. I have not reviewed our statutes to see if there is a stat. they can hang their hat on that may state if someone is obstructing a creditor from retrieving its security, the person could be charged with a crime. I have never seen that though. You may want look up "conversion" under Fla. Statutes on line.
There is a civil remedy called replevin whereby the plaintiff is seeking to recover personal property. If we can be of assistance, please contact my office. Tom Rosenblum