Legal Question in Criminal Law in Florida

lien on vehicle sold

Had a lien put on vehicle couple years ago for loan from small credit company while vehicle was still being paid on. The Loan was bought by a collection agency as I was not able to pay it. Vehicle was paid off to the finance company it was financed thru - title was given to me and my daughter and another car was purchased with title and car as down payment. The car used as down payment (with title) was then sold to an auction house - the auction house sold it to another dealer - that dealer fixed the car and then sold it to a consumer.Now the car dealer who last sold it cannot get the title changed because the lien on the car showed up when he went to get it changed. He physically came to my house to demand payment to the credit company so he could get the lien released. He stated that he was contacting the States Attorneys office as we had comitted Fraud - We did no such thing - Can we go to jail for not paying a debt?


Asked on 12/19/07, 2:21 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: lien on vehicle sold

You can't go to jail for not paying a debt, and it is extemely unlikely that the State Attorney's Office will construe your actions as criminal. He may be able to sue you, however, for the amount he has to pay to have the lien removed from the car. If he does sue you, you may want to speak to a lawyer about whether the guy violated the Fair Debt Collections Practices Act. (Bankruptcy lawyers are usually the ones to talk to about Fair Debt violations.)

Read more
Answered on 12/19/07, 3:37 pm


Related Questions & Answers

More Criminal Law questions and answers in Florida