Can a repo man file unauthorized use or theft by deception if they don’t get a vehicle?

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Can a repo man file unauthorized use or theft by deception if they don’t get a vehicle?

I’m past due on auto loan and repo company said if I don’t surrender my car they will file unauthorized use/theft by deception charges? Is this true and, if so, how does the process work? I am preparing to file bankruptcy and my attorney is on vacation so I’m unable tp get a hold of him.

Asked on August 9, 2012 under Bankruptcy Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The repossession man does not have the standing to file the charges you have written about for the simple reason he does not own the loan secured by the vehicle. In fact, under the laws of all states in this country, the threat could be deemed an unfair debt collection practice based upon what you have written.

I suggest that you consult with an attorney that practices in the area of consumer law to guide you in this matter.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The repossession man does not have the standing to file the charges you have written about for the simple reason he does not own the loan secured by the vehicle. In fact, under the laws of all states in this country, the threat could be deemed an unfair debt collection practice based upon what you have written.

I suggest that you consult with an attorney that practices in the area of consumer law to guide you in this matter.


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