Legal Question in Credit and Debt Law in California

Car repo question

I am currently about six months behind on my car. The car company hired a repo person, but they haven't been able to find me. now they are calling my mom every day and harrasing her. They told her that there is a warrant out for my arrest. Can they legally put a warrant out for me? Or are they just trying to intimidate her?

Asked on 11/24/08, 11:38 am

3 Answers from Attorneys

Bryan C. Becker Your Lawyer for Life.

Re: Car repo question

They can not misrepresent their legal actions in order to intimidate you into turning over the car. They can not "put a warrant out for you." That can only be done by law enforcement. I would speak with an attorney as soon as possible to evaluate your case as you may have a cause of action against them.

Yours truly,


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Answered on 11/24/08, 1:03 pm
David Gibbs The Gibbs Law Firm, APC

Re: Car repo question

Why are you hiding from them? Do you honestly think that they won't find the car, and will just drop the matter entirely? You need to be smart, and make arrangements to surrender the vehicle. It is possible that they have filed a police report and reported the vehicle is stolen - once they demand return of the vehicle, and you fail to turn it over, it can become a criminal matter. Again, unless there is more to this than you posted here, just do your mom a favor and return the car. After six months of no payment, you have no right to retain it, and it could get you in deeper than you already are.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 11/24/08, 2:08 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Car repo question

Call the police to see if there's a warrant.

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Answered on 11/24/08, 7:47 pm

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