Legal Question in Credit and Debt Law in Georgia
I lost previous job and fell behind in my payments for a car title loan in Georgia. They said the title is now in their name and they will repo it or have me arrested for theft if I don't give them the car. I want to pay but need the car for my new job I just started 2 weeks ago. Can they have me arrested?
2 Answers from Attorneys
You need to have ALREADY seen a lawyer. You have a legal emergency. You may have waited too long. But just in case you have not waited too long, call a lawyer in the morning. There MAY be a possibility, albeit expensive, of saving your car via some form of bankruptcy.
(As I think you have already learned, nothing in life is a worse financial decision than a car title loan. They ALWAYS go badly and sadly the Georgia legislature refuses to ban the industry).
You can be in serious trouble if you hide the vehicle.
Yes. A car title loan is just that - you pledge the car as security for the loan. If you don't pay, the car title loan company gets your car. If you hide the car they can, if they choose, prosecute you. Its a crime to defraud a lender who has a security interest by hiding the asset.
Never get a car title loan or a pay day loan. These lenders are predators and they prey on disadvantaged low income people. I agree with Attorney Ashman that these places are horrible and should be banned. Unfortuntately, these lenders have enough money for lobbyists and the low income people don't and there is no way the legislature is going to ban these people any time soon.
The lender really does not want your car. They want money. You can either work something out with them, get a lawyer to work something out with them or file bankruptcy just to put a stop to them repo'ing your car. However, I don't know if you have enough debts to have bankruptcy justify the cost. And it will cost money for a bankruptcy attorney which, if you had it, might be enough to pay the car title company, depending on how much you borrowed. Your best bet might be to borrow whatever you can and see what can be worked out now that you have a job. Otherwise, give the car back and look for another set of wheels.
And never do a car title loan again.
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