Can a warrant be issued for my arrest for non payment on a title loan? 2 Answers as of July 07, 2011

I took out a $2000 title loan on my motorcycle (valued at aprx $6000) the first of May. Due to hardships I have not been able to pay and we are about to file bankruptcy. I plan on keeping the bike for transportation. I am getting threatening phone calls that they are going to issue a warrant for my arrest if I do not turn the bike over. Is this just a threat or can they actually have me arrested?

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Giannini Law Office, PC
Giannini Law Office, PC | Robert Giannini
Well, I believe that the answer is "yes, an arrest warrant will be issued." But I don't think it would be for your failure to pay the loan exactly. Rather, I think the more appropriate warrant would be for your theft of their motorcycle. If your loan was like most title loans, the ownership of the vehicle passed to the lender. Thus, they now own the motorcycle. They have agreed to transfer back to you when you finish paying. The bankruptcy may help you with the debt you owe, but it won't turn their motorcycle back into your motorcycle. Frankly, I think that a warrant will almost certainly be issued for your arrest for the offense of theft by conversion. They will have a strong case against you. I suggest that you take whatever paperwork you have about this title loan and have a lawyer review it, just to make sure. But, if yours is like most title loans, the bike is now theirs and you will most likely have a warrant out for you shortly, and it will be for a felony. You don't need that. Consult with a lawyer.
Answer Applies to: Georgia
Replied: 7/7/2011
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
They can have you arrested. You will either pay the money owed, or give them the motorcycle, or a warrant for concealment of property subject to a security interest (O.C.G.A. 16-9-51(a)) will be issued.
Answer Applies to: Georgia
Replied: 7/7/2011
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