Legal Question in Credit and Debt Law in Ohio

Re: How is this legal?

I assume the repossession was due to a failure to pay his car payments. In such a case, once the creditor takes possession of the car, it auctions it off or sells it to try to make the money due on the car loan back. Most times though, the money from the sale/auction does not cover the entire loan due. In such a case, the creditor has a right to come back after your son to get the rest of the loan money owed.

Normally this is a civil case brought by the creditor. And usually in a civil case if the defendant, your son, doesn't show up, a default judgment is entered on behalf of the plaintiff. The plaintiff then has a court judgment it can use to collect the deficiency.

In a criminal case, failure to appear can result in an arrest warrant being issued. I would first make sure to check to the paperwork to see if the case against your son is a criminal one. If so, that is the reason for the arrest warrant.

If this is a civil case though, if there was an order from the court demanding your son's presence and he did not show up, then he is in contempt of that order and an arrest warrant can be issued. Whether or not it is normal for the court to make such orders in civil cases depends on the court and even the judge in that court.

Either way, I recommend your son seek an attorney here in Ohio as soon as possible to help him deal with this situation. An attorney may be able to get the warrant set aside and keep your son from spending a night in jail. The sooner he is able to do this, the better his chances of avoiding jail.

If you have any further questions, feel free to contact me.