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  1. #1

    Default Can I Go to Jail for Defaulting on a Title Pawn

    My question involves an auto loan or repossession in the State of: Georgia

    I was out of work on medical leave and took out a title loan to pay my bills. I was working in Alabama and staying there when I was working. On the weekends I went to my home in Georgia. My title loan was taken out in Georgia with me being completely truthful about the situation. About a month after I took the loan my home in Georgia was foreclosed on and I became a full-time resident of Alabama. The transmission has gone out in the car and I cannot afford to get it fixed. I am willing to pay the difference in what I owe and what the pawn place can get for it but it will take me a couple of months. I have been totally open and honest. they know where the car is and I have even described my house to them.They said I need to have the car delivered to one of their locations or they will take a warrant out for my arrest. They say it will cost $400 for them to repo my car and they cannot afford to do that. I absolutely don't have $400 right now. Can they legally take a warrant out for my arrest?

  2. #2
    Join Date
    Sep 2011
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    OH10
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    Default Re: Can I Go to Jail for Defaulting on a Title Pawn

    Does your contract with them prohibit you from removing the vehicle from GA?

  3. #3
    Join Date
    Sep 2005
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    74,068

    Default Re: Can I Go to Jail for Defaulting on a Title Pawn

    Quote Quoting O.C.G.A. 16-9-51. Destruction, removal, concealment, encumbrance, or transfer of property subject to security interest.
    (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.
    If in fact the vehicle is broken down and immobile, and you have documented your communication with the lender that the vehicle is immobile, at a specific location, and available for them to pick up, I am skeptical that a prosecutor would try to prove that your failure to drop the car off at one of their locations would constitute a violation of the statute. However, I can't rule out that a prosecutor will authorize charges based upon their report (the prosecutor won't have your side of the story at that point), and it won't be my call as to how to proceed once you present your documentation.

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