Legal Question in Credit and Debt Law in Georgia

Is it illegal to drive a car behind on payments? My friend said I could drive their car on vacation for 2 weeks. The car I would be borrowing is behind on payments. The car belongs to someone in Georgia, I would be driving it to Michigan, returning the car to the owner in GA. Could I get arrested?


Asked on 6/28/15, 12:24 pm

1 Answer from Attorneys

Is your friend a lawyer? Would you see a cardiologist to get your oil changed? Or have a plumber do brain surgery on you? If not, then do not get your legal advice from well--meaning but misinformed friends.

Is it illegal? No unless you are taking/using the car with the intent to deprive the true owner of it. That is theft or stealing or larceny. Prosecutors seldom have direct evidence of intent and rely on circumstantial evidence. If someone loans you their car that is not stealing; it is using with permission. If the friend says to bring the car back and you take a joy ride to Michigan, then it becomes stealing. You are not authorized to take a joyride.

It is trickier if the car is financed. Regardless of whether you own the car or not, if the car payments are not made then the lender has the right to repossess the car. The lender cannot repo it if the lender cannot find it. It IS a crime to deliberately conceal secured property from a lender who has a security interest in the car.

So based on your facts, your friend is behind and wants to avoid the repo man so allows you to take the car out of state hoping that they can come up with cash and avoid the repo. Very clever. Not more clever than the lender though. If the lender succeeds in finding the car the lender will repo it. Unless a creative prosecutor can prove that you were involved in the friend's scheme to deprive the lender of the car, I don't see that a crime would be committed here. However, the saying is that a prosecutor could indict a ham sandwich and I am sure it would not take very much imagination for a prosecutor to dream up some charge against you if, for no other reason, than that you will rat out your friend and sing like a bird.

I have an idea. Why don't you tell your "friend" to keep his/her damn car and find another way for you to get to Michigan ... like go Greyhound or fly or rent a car. None of those options would involve any criminality and that way you will not be an unwitting accessory to your friend's scheme and you will leave him or her to deal with the repo man and lender.

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Answered on 6/28/15, 9:15 pm


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