Can I be arrested for a vehicle that a repo agency is trying to repossess that I do not have in my possession?
Question Details: A couple who needed a car agreed to pay the payments on mine. They made the payments for 2 years and then the husband lost his job. The vehicle is still in my name but I could not afford to make the payment so the loan went into default. They charged off the loan and sent it to a collection agency who is looking to repo it. I don't have the vehicle. The couple has moved so I don't know exactly where they are but could find them if needed. Will have $ to pay for car in April but repo is threatening prosecution. Can I be arrested if I don't have the car?
The case against you would be that you "stole" the car--that you are hiding it to avoid repossession by the business that now would have a legal right to it. Since if the couple took the car from you without continiuing to pay, they in essence stole from you, you could actually report them to the police, which would show that you are not complicit in taking the car. At the least, some sort of police report and/or cooperation in returning the vehicle is probably in your interest. However, if you are being threatened with prosecution, and also face various other civil problems (e.g. damage to your credit rating, since it's in your name; loss of the vehicle; potentially a lawsuit for any remaining balance you owe on the debt, after the vehicle is repossed), you should really retain a lawyer now to help you negotiate some mutually acceptable outcome w/the collections agency (since it sounds like you are willing to and will be able to pay later, you should be able to work something out) and avoid responsiblity for the actions of this other couple.