Legal Question in Credit and Debt Law in Florida

Missed car payments....grand theft auto?

I missed 6 months of payments on my car due to being laid off. My finance company did not want to work with me on a payment plan due to me only making first payment. I bought the car in april, made first payment, then lost my job in march and could not pay. It is now november and i still have not paid. I have since moved in with parents because i also got evicted, and i changed my phone number so i have not talked to the company in 5 months. Could this be considered grand theft auto? Can i get criminal charges pressed against me if i do not pay?


Asked on 11/07/07, 9:05 pm

2 Answers from Attorneys

Stuart M. Address Law Offices of Stuart M. Address, P.A.

Re: Missed car payments....grand theft auto?

Unlikely, but you should work with the loan company ASAP. Perhaps you can renegotiate your contract or give the car back and owe a lesser amount. If you keep the car now without an intent to pay for it, then you may be liable for conversion or a criminal act. At the time, though, you didn't have any criminal intent. If you would like to pursue this further, please call my office.

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Answered on 11/08/07, 12:42 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Missed car payments....grand theft auto?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

It is possible although not likely.... yet. You could eventually face criminal charges though for keeping the car and secreting it away from the lender. You can also face civil theft charges which calls for a penalty of treble damages or 3 times the amount of the original amount owed. Keeping the car without paying will only lead to serious implications for you that will multiply as the time goes on. You need to return the car now or be prepared for serious consequences not to mention a horrible credit history.

Scott R. Jay, Esq.

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Answered on 11/08/07, 8:49 pm


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