Legal Question in Criminal Law in Texas

auto theft by deception

I went into a contract with a private party to purchase a truck from him and his wife. The truck was financed by a local bank and we set up a contract for title between myself and the husband and wife, which we all signed before a notery. A simple contract that stated i was buying the truck at the same monthly payment as they owed to the lender and i was also to pay them for auto insurance. The contract said when payments were to be made and how much. The contract said if i was ever more than 30 days late on a payment , that they had the right to recover the vehicle. I had some bad luck so to speak in a sales commision position and could not get out of the hole. My wife and kids had moved back home with her familyr. After 2 months she asked me to come out with her and i did. I wrote the man and told him as per a bankruptcy attorney we talked to had said. I told him in the letter that i could not afford the truck and i had made arrangement for it to be at a hotel where he could pick it up. To make this worse during all this he went to the courts in texas and filed auto theft charges on me , from how i understand it ( grand theft auto by deception. ) because of not making payments as agreed. As of 1-3-98 there was a warrant for my arrest in that county in texas , but i do not know how it reads. Had a friend of the family run me ncic and it was showing up. The truck was picked up a week ago and is no longer in my possesion. Can i be charged for auto theft by deception.


Asked on 1/03/98, 7:30 pm

1 Answer from Attorneys
Basil Landon Hoyl, Jr. Law Office of Basil Hoyl - Safeco Land Title

Buying a vehicle from an individual and not paying off the bank

Texas Penal Code Section 32.34 makes it a crime (felony) to sell a vehicle to a third party without telling the bank, and deals with other circumstances. Not telling where the vehicle is kept is a class A misdemeanor. If you have been charged adn a warrant issued, you REALLY need to get a lawyer now, especially if you have something in writing. He may not have wanted to admit a felony, so he said it was stolen. Don't run, face it and get on with your life.

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Answered on 1/15/98, 10:28 pm


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