Legal Question in Criminal Law in Texas

I siged for a car for my husban in 2005 and my husban and I have fallen on hard times. He is unemployed and I just started a new job that is a temporary seasonal job. My husban has not made a payment on his car in over a year and the lean holder of the car is threataning that I could spend time in jail with a felony on my reacord if I do not tell them where the truck is. I feel the right thing to do is to give it back but my husband says he wants to hold on to the truck and when he finds work he will start paying for the truck again. Since the car is in my name only I do not want to go to jail or a feloney on my record. Can that really happen to me?


Asked on 12/17/10, 4:37 am

1 Answer from Attorneys
Paul Walcutt Law Office of Paul Holt Walcutt

If you "signed a ... deed of trust creating a lien on property", you commit an offense if, with intent to hinder enforcement of that interest or lien, you destroys, removes, conceals, encumbers, or otherwise harms or reduces the value of the property. Texas Penal Code 32.33. If you do so and the value of the car is more than $1,500, then the offense is a state jail felony, punishable by 6 months to 2 years in state jail (and is a third degree felony if the value is over $20,000). You need to explain this to your brother and have him return the truck. If he does not, then you need to let the creditor know where the truck is to avoid this charge.

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Answered on 12/22/10, 7:01 am


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