Can I be charged with a felony for withholding property from a lienholder?
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Can I be charged with a felony for withholding property from a lienholder?
I’m in the process of filing bankruptcy and I’m facing repossession. Was called by a tow company stating that he was going to the local magistrate to file charges. Can they do that?
Asked on August 12, 2010 under Bankruptcy Law, Virginia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
What the tow company may be referring to is a state statute that Virginia may have (which I know that Texas and other states have) that prohibits a party from "hindering" secured property. That would mean interfering with the repossession by hiding the vehicle, etc. That could result in the filing of criminal charges against you. You say that you are in the process of filing for bankruptcy. Where in the process? Are you using an attorney? It is my understanding that Virginia allows an exemption for a motor vehicle up to $2000 as exempt property. Speak with your attorney or and get filing quickly. Then a stay will be issued to stop the repossession for the time being. Good luck.
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