Legal Question in Credit and Debt Law in Florida

is this possible

i am behind on my car payments the finance company wants full payment or will file grand theft charges. is this possible


Asked on 10/18/06, 5:07 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: is this possible

no, this is a civil matter, not criminal

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Answered on 10/18/06, 5:20 pm
Thomas Rosenblum Rosenblum Law Offices

Re: is this possible

Hello. I just reviewed your question. That is a common threat that creditros or their agents make to debtors. I have never heard of anyone getting charged with a criminal violation in this situation. I can state for sure, the failure to pay the debt can never cause you to be charged criminaly. I have not reviewed our statutes to see if there is a stat. they can hang their hat on that may state if someone is obstructing a creditor from retrieving its security, the person could be charged with a crime. I have never seen that though. You may want look up "conversion" under Fla. Statutes on line.

There is a civil remedy called replevin whereby the plaintiff is seeking to recover personal property. If we can be of assistance, please contact my office. Tom Rosenblum

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Answered on 10/19/06, 10:53 am


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