Legal Question in Criminal Law in Texas

Re: Vehicle Thaft Laws

Being behind on a car payment because of inability to pay is not a crime, and any bill collector who tells you so is violating the Fair Debt Collection Act. In America, we do not put people in jail for inability to pay civil debts (other than child support). What you have is a breach of contract. The remedy for the lender would be to repossess your car and sue you in civil court for any additional amounts owed. The law provides that certain things you own (such as your homestead) are exempt and cannot be taken to pay off the judgment for a civil debt. No, it is not theft. Talk to the lender about a different payment arrangement or seek help from a bankruptcy attorney if you have other debts too. There are some excellent consumer credit counselors who may help you for free. Good luck.