Legal Question in Credit and Debt Law in Virginia

car repo

i was threating by a creditor that since i cant return the car back to them 300 miles away that i will be arrested for illegal possession how true it that


Asked on 1/10/09, 3:31 pm

2 Answers from Attorneys

Cary Moseley Law Office of Cary Powell Moseley, PLLC

Re: car repo

Pack a toothbrush and tell them to do it. If they do, you may have a great case. Feel free to contact me for a free consult. My email is below.

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Answered on 1/10/09, 5:31 pm
Jonathon Moseley Moseley & Associates Law Firm

Re: car repo

OH, I love Cary's answer!

I am not sure what you mean by you can't return the car to a creditor. Is this a car rental? Or the loan on the car loan?

In general, if they gave you possession of the car, you cannot be charged with any crime for having the car in your possession. They gave it to you.

They do have a right to get paid. They do have a right to repossess the car and sell it to get paid.

And if they have to come to you 300 miles and repossess it, they can add the extra costs of repossession to your account when they sell it.

However, if it is not convenient at this moment to take it back to them, then too bad. Wait until it is convenient.

Remember that if they repossess the car and then sell it, you CAN be liable for the difference if they don't get all their money back. So if they will accept the car back and CANCEL the whole thing you do want to work with them. And if you can find a buyer at a good price, you want to try to sell the car for as much as possible.

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Answered on 1/10/09, 5:59 pm


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