What will happen if I don’t relinquish the car if I’m getting phone calls from a recovery company about a felony warrant for defaulting on my loan? 7 Answers as of April 21, 2014

They told me not to even bother calling the title company unless I’m going to pay in full because they’ll just lie to me, take whatever money I give them, and still take my car. As well as other outlandish things.

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Cameron Totten | Cameron Totten
You cannot be prosecuted criminally for defaulting on a loan. I would seriously question whether the phone calls that you are receiving are a scam.
Answer Applies to: California
Replied: 4/21/2014
HARVEY S. MORRISON, ATTONEY AT LAW
HARVEY S. MORRISON, ATTONEY AT LAW | HARVEY S. MORRISON
This is a civil matter and a felony warrant would not be issued.This sounds like a heavy-handed attempt by a debt collector in possible violation of the federal Fair Debt Collect Practices Act. Contact a lawyer.
Answer Applies to: Ohio
Replied: 4/21/2014
Meister & McCracken Law Firm, PLLC | Joanne M. McCracken
There cannot be a felony warrant issued because you default on a car loan unless you committed some type of criminal act in getting the carinability to pay is not a crime. The original creditor or its assigned agent can repossess the car, sell it at auction and get a judgment against you for the deficiency. You might consider talking with a bankruptcy attorney who can advise you of your rights and remedies.
Answer Applies to: Arkansas
Replied: 4/21/2014
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
I need the details but it appears that the actions are in violation of the law and could lead to a collector liability.
Answer Applies to: Michigan
Replied: 4/21/2014
Kirby G. Moss PC | Kirby G. Moss
There is no such thing as a felony warrant for defaulting on a loan. However, the creditor does have the right to repo the car if in default. Best bet is to try and pay amount due because if they repo, their fees to do that are added to the bill.
Answer Applies to: Indiana
Replied: 4/21/2014
    Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
    The only possible crime is concealing collateral. Nonpayment of a loan is not a crime. I would not trust a title lender, but if you can work something out with them and document it, why not.
    Answer Applies to: Illinois
    Replied: 4/21/2014
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    If you defaulted on your car loan they have the right to repossess it unless you pay off the car loan. SO keep all your possessions out of the car so you do not have trouble getting them back if they take it in the middle of the night. They do NOT have the right to charge you with a crime. If they lie to you, you may have the right to charge them with violations of several state and federal statutes.
    Answer Applies to: Michigan
    Replied: 4/21/2014
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