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pan6467 · 09-29-2007, 12:14 AM

In my problematic youth, I had gambled away a fortune and had a 2year old Nissan that I could no longer make payments on. They sent letters and demanded I turn it in. I refused and like the addict I was moved to unknown whereabouts (Cincinnati and worked at King's Island for the Summer).

They called and harassed my mother, who at the time was having her own issues as my parents were divorcing.

Long story, short they told her she could go to jail for contempt of court and harboring a fugitive because they had a warrant for my arrest. They considered it grand theft auto.

I went and saw a family friend, who was a lawyer, he told me I had 2 choices, I could go to court, have a judge tell me I needed to pay, but in reality couldn't order me to jail as debt is a civil action and not a criminal. Then I could file bankruptcy and probably keep the vehicle.

Or I could bargain with them and tell them that I would gladly turn over the auto in good shape provided they didn't knock my credit. He even made the call and acted as a go between.

They agreed to the latter, I turned the vehicle in and the repo never showed.

Basically, what it boils down to is IF they have an arrest warrant it is on the basis of contempt of court. It's a civil action though and all that would probably ever happen is you would be told to appear in civil court. Which you could drag out for years probably.

Best thing though in the long run is to just call them and tell them it was a bill ran up during a nasty divorce and while you wish to honor it you can't, and see what they will take as full payment. Since most of these collections companies buy the debts for pennies on the dollar and the main company has already dinged your credit and written off the bad debt as a tax write-off, chances are they will settle for 50% or less. But once you pay whatever they name as the minimum they have to take it off your credit report.

09-29-2007, 12:14 AM	#7 (permalink)
pan6467 Lennonite Priest Location: Mansfield, Ohio USA	In my problematic youth, I had gambled away a fortune and had a 2year old Nissan that I could no longer make payments on. They sent letters and demanded I turn it in. I refused and like the addict I was moved to unknown whereabouts (Cincinnati and worked at King's Island for the Summer). They called and harassed my mother, who at the time was having her own issues as my parents were divorcing. Long story, short they told her she could go to jail for contempt of court and harboring a fugitive because they had a warrant for my arrest. They considered it grand theft auto. I went and saw a family friend, who was a lawyer, he told me I had 2 choices, I could go to court, have a judge tell me I needed to pay, but in reality couldn't order me to jail as debt is a civil action and not a criminal. Then I could file bankruptcy and probably keep the vehicle. Or I could bargain with them and tell them that I would gladly turn over the auto in good shape provided they didn't knock my credit. He even made the call and acted as a go between. They agreed to the latter, I turned the vehicle in and the repo never showed. Basically, what it boils down to is IF they have an arrest warrant it is on the basis of contempt of court. It's a civil action though and all that would probably ever happen is you would be told to appear in civil court. Which you could drag out for years probably. Best thing though in the long run is to just call them and tell them it was a bill ran up during a nasty divorce and while you wish to honor it you can't, and see what they will take as full payment. Since most of these collections companies buy the debts for pennies on the dollar and the main company has already dinged your credit and written off the bad debt as a tax write-off, chances are they will settle for 50% or less. But once you pay whatever they name as the minimum they have to take it off your credit report. __________________ I just love people who use the excuse "I use/do this because I LOVE the feeling/joy/happiness it brings me" and expect you to be ok with that as you watch them destroy their life blindly following. My response is, "I like to put forks in an eletrical socket, just LOVE that feeling, can't ever get enough of it, so will you let me put this copper fork in that electric socket?"