Legal Question in Criminal Law in Virginia

4 Wheeler

My boyfriends cousin in 2004 asked me and my boyfriend if we would want to take over payments on a four wheeler he just bought and we could get the ATV. Jay ( my boyfriend's name) went and picked it up we started making payments. In 2007 we sold the ATV and and we applied some of the money to the ATV account and the rest we spent. We had been late on the payment a few times before selling it. In 2009 the cousin called and said he would report the ATV stolen if we did not pay it off within one week the balance is around 2700. I want to know what grounds does he have to say it was stolen? We are still making payments we had a few late payments recently I think this is what has the cousin stirred up. I am just the girlfriend I never made a deal to take over payments Jay did ( he is still my boyfriend) in 2007 when we sold it the cousin thought we had paid it off now in 2009 he found out we did not. We have only been late on it about 6 times since we started making payments in 2004 when we got it. The cousin wants to report I stole it not Jay because Jay did not know we did not pay it off I was taking care of all the bills and he did not know we needed the money for living expenses because Jay was not working much at the time we sold


Asked on 7/17/09, 3:40 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: 4 Wheeler

The cousin would appear to have no credible grounds to report this vehicle as stolen if the facts are as you describe. (However, it should be noted that six times late in making the payments on the outstanding loan is normally more than sufficient grounds for the noteholder to repossess the vehicle.)

Furthermore, your selling the vehicle before the

orignal loan was paid off and then using the sale proceeds to spend on yourselves, was inexcusably foolish and irresponsible.

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Answered on 7/18/09, 12:17 am


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