Legal Question in Credit and Debt Law in Georgia

Ok, so I have a car loan in GA and I am late on payments. What I would like to know could this turn into a criminal matter or does it remain civil until resolved. I have tried to work with these people but they won't listen and leave rude and threatening messages on my voice mail. They have called my family and shared my personal info and details about the loan and late payments. At this point I have just stopped talking to them as they have no idea where I am. Thanks in advance.


Asked on 6/03/10, 8:38 pm

2 Answers from Attorneys

Paula McGill Attorney at Law

You might have a claim against them under the FDCPA. This places limits on what creditors and debt collectors can do in an effort to collect a debt.

Under normal circumstances, a failure to pay a loan is a civil matter. However, if you want to keep your car, you may want to be proactive, hire a consumer lawyer, and sue the creditor if you have a claim.

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Answered on 6/04/10, 8:12 am

Its a civil matter, but it is a crime to conceal the whereabouts of the car if the lender wants to repossess it. The FDCPA only applies to third-party debt collectors, not car lenders trying to collect their own debt. I don't know what entity is calling you so I cannot say that they violated the law. Generally, the FDCPA allows third-party collectors to contact family and friends to ascertain your location, but they cannot discuss the your debt with these people.

IWhy are you behind? Is this truly temporary or is it going to be an ongoing thing? If it is because you lost a job and you are behind on your car payments, the only way to put a stop to this is bankruptcy. Talk to a bankruptcy attorney if you have other debts.

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Answered on 6/04/10, 11:53 am


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