[darthgnat]

My brother-in-law had my mother-in-law co-sign a car note for him. He is now 6 months behind and the repo man was pounding on her door today. He told her she could go to jail if she didn't pay the money and they were going to call the sherriff to arrest her. They told her it was a Class A felony. Is this legal and could she go to jail? She owns her own home, could they take her house to pay for this debt? We live in Alabama.

[Mr. Knowitall]

In general, see Alabama Code Sections 7-9A-609 and 7-9A-607. The repo man can, within the confines of the law, repossess the car provided there is no breach of the peace.

It sounds like the repo man either believes that your mother knows where the car is and that she is deliberately hiding it, or that he can intimidate her into finding out where the car is such that he can repossess it. If you believe his actions rise to the level of a breach of the peace, you can contact a lawyer about whether the violation would support a civil action.

If the car is not recovered (or even if it is recovered and there is an arrearage after it is auctioned or sold) and a judgment is taken against your mother-in-law (and brother-in-law) for the full amount of the debt, the creditor will likely try to collect against any non-exempt assets. A primary residence is often exempt from execution under state law; she can verify which of her assets may be subject to garnishment or execution with a local lawyer.

[no_it_all]

In addition, sheriffs work for courts and local governments...not sleazy repo men or collection agencies. Not paying bills is a civil matter, not criminal...

[Truceker]

In the State of Georgia, it is a criminal offense to hide property subject to a security interest.
16-9-51.
(a) Except as provided in subsection (b) of this Code section, a person who destroys, removes, conceals, encumbers, transfers, or otherwise deals with property subject to a security interest with intent to hinder enforcement of that interest shall be guilty of a misdemeanor.
(b) A person who destroys, removes, conceals, encumbers, transfers, or otherwise deals with property subject to a security interest with intent to hinder enforcement of that security interest and in so doing does damage to such property in an amount greater than $500.00 shall be guilty of a misdemeanor of a high and aggravated nature.
(c) In a prosecution under this Code section the crime shall be considered as having been committed in any county where any act in furtherance of the criminal scheme was done or caused to be done.