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  1. #1
    Join Date
    May 2009
    Posts
    5

    Default Car Was Never Repoed, Now Being Charged with Theft

    This deals with Repossessions in PA:
    I bought a car in June of 08. In August the car broke down(5 miles out of state), I got evicted and couldn't afford to make the payments anymore. I was living on the streets then and assumed that they just repoed the car. Well now, 11 months later I moved back with my parents and and got a letter from the courts that I am being charged with Theft of Property. I know i have to pay for the car but this is the first time I have had any money to pay for it. Will i be going to jail for this? The letter said I have an arraignment on 7/7/09. Does this mean I am free until then? Any advice would be appreciated. Thanks.

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Car Was Never Repoed Now Being Charged with Theft

    My guess is that they assumed that you puprposly took the car out of state in an effort to "conceal" it as your way to avoid it being repoed.

    You know, a simple phonecall to the finance company/bank at the time could have avoided this entire ordeal... Probably a bit too late for that now.

    You didn't state who has the car at this time, nor did you specify the statute you are being charged with or whether there is a warrant out for you, or how much your bail amount is, if it was stated in the letter. Post this information and you might get more details about what to do.

    For now, and from what you've posted, it sounds like you are, in fact, free until your arraignment.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Car Was Never Repoed Now Being Charged with Theft

    I suggest getting help from a criminal defense lawyer.

    I suggest also tracking down what happened to the car you abandoned. I would have expected it to have been sold by now, to cover your unpaid impound and storage fees. You need to find out whether that happened, and what happened with the proceeds of the sale.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Car Was Never Repoed Now Being Charged with Theft

    This thread is about your second car?

  5. #5
    Join Date
    May 2009
    Posts
    5

    Default Re: Car Was Never Repoed Now Being Charged with Theft

    Yes after not having a car for a while (cause it was broken and I thought repoed) my grandmother sold me her car which is what I have been driving since Jan. That thread was about my recent move. I really just want to take care of everything and be a good tax paying citizen.

  6. #6
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Car Was Never Repoed, Now Being Charged with Theft

    You need a criminal attorney.

    That said, you can NOT be charged with a crime. It is a civil matter.
    If it were a rental that would be a different matter. You own the car and I assume it has a lienholder. The car is in your name and is thus your legally titled property.

    I also assume that you have paid money on the car at some point.

    Once any money is paid for something, you can NOT steal it. You can make a down payment and not make any other payments. It is a civil matter.

    If this was not true, we would be merry old England with debtor's prisons and work houses. Nobody can be arrested for failure to pay a civil debt.

    Now it might be argued by them that you concealed the property, etc., which they'd have to prove, but again, it is all civil. The underlying foundation of the charge is civil.

    They do not get to use the criminal justice system to recover a debt.

    I am not an attorney but I am an expert in this area. An illegally operating auto shop and a crooked state attorney tried this sort of thing on me. I have had the state attorney removed from office and the auto shop and their insurance company have settled and are soon sending my attorney and me a big check.

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