Legal Question in Credit and Debt Law in Georgia

Title Pawn Investigator called to tell me they are going to issue a warrant for hiding a vehicle..I left state to take care of sick mother here is the reference they used(b) A person who has signed a security agreement creating a security interest in property or a mortgage or deed of trust creating a lien on property commits an offense if, with intent to hinder enforcement of that interest or lien, he destroys, removes, conceals, encumbers, or otherwise harms or reduces the value of the the way this is good old GA and Title Pawn

Asked on 9/18/13, 12:18 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

What is your question? What do you propose to do?

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Answered on 9/18/13, 3:56 am

It is a crime to conceal property that is the subject of a security agreement, like a pawn title. The secured creditor is allowed to engage in self-help by repossessing the vehicle if you do not pay. Whether they will pursue criminal charges and the success of those charges would depend on the evidence. Being out of state caring for an ailing parent is not the same as deliberately hiding or destroying secured property, but that does not stop them from taking out a warrant if they have a mind to do so.

You had better figure out what you are going to do and quick. If you can get caught up, well and good. Unless your car is worth substantially more than what you borrowed, chances are that the title pawn place wants money, not your car. If you cannot pay then you have got to tell them where the car is at or you will irritate them into taking out a warrant.

And while being out of state caring for your mother is laudable, it doesn't excuse you from not paying your bills. While these car title pawn places are horrible, the same result would follow if you had a regular car loan and stopped paying. Even if you are one day late, the lender has a right to repo your car if they want. So your choices are limited - either find a way to get current quick, file bankruptcy or give them the car.

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Answered on 9/18/13, 11:36 pm

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