Car repossession is the legal process through which a lender takes back possession of a car from a borrower who has failed to make payments according to the terms of their loan or lease agreement.
When you default on your car payment without communicating with your lender, they will come to repossess the car.
It is then you will see some people hiding the car so it won’t be repossessed. This action comes with its penalties but does it guarantee jail time? Can I go to jail for hiding my car from a repo man?
No, you cannot go to jail for hiding your car from a repo man except your creditor obtained a court order authorizing the repossession of your vehicle and you fail to comply with it by hiding the car, you could be held in contempt of court, and maybe jailed as a punishment.
Can I Go to Jail For Hiding My Car From Repo Man?
The answer is “NO”. You cannot go to jail for hiding your car from a repo man.
When you finance or lease a vehicle, you automatically sign a contract agreeing to make regular payments to the creditor, which is usually monthly.
However, if you fail to make these payments as agreed, you will be in default of the loan or lease agreement you signed and your creditor has the legal right to repossess the vehicle. This right is usually outlined in the contract you signed when obtaining financing or leasing the vehicle.
If you intentionally hide your car from a repo man with the intent to avoid repossession, it could be considered obstructing the creditor’s rights and is illegal because it violates the terms of your loan or lease agreement you signed.
Your action alone will delay the repossession process making it harder for the repo man to find the car and your loan company spending more on repo agents to repossess the car.
However, you cannot go to jail for hiding the car. But, if you continue to hide the car for a long time, your creditor will use replevin to get the car back from you.
They may go to court to get a court order mandating you to return the car to your lender. If you fail to obey the court order, you will be held in contempt of the court and may go to jail for doing that.
This means that, if you go to jail, you are not jailed because you hide your car from the repo man, but for failing to obey the court order mandating you to make the car available for repossession.
Apart from jail time, you may also face civil penalties imposed by the court, such as fines or being held responsible for the costs associated with locating and repossessing the vehicle.
In severe cases, especially if there’s evidence of fraud, deceit, or other criminal activity involved in hiding the car, criminal charges might be pursued. You may be charged with offenses such as fraud, theft by deception, or even obstruction of justice.
Therefore, while it’s less common for you to serve jail time solely for hiding a car from a repo man, it is possible, especially if the actions are fraudulent, if the individual has a history of similar offenses, and if you are held in contempt of the court.
What If You’re Held In Contempt of the Court?
If a creditor obtains a court order authorizing the repossession of your vehicle and you fail to comply with it by hiding the car, you could be held in contempt of court.
After you are held in contempt of the court, a proceeding will follow, giving you the opportunity to explain your actions to the court. If the court determines that you intentionally disobeyed its order by continuing to hide the vehicle, it could hold you in contempt.
This is where the penalties come into play. You can’t just be held in contempt of the court and go free of charge.
The court may impose fines on you as a penalty for contempt of court. The amount of the fine could vary depending on the severity of the contempt and other factors considered by the court.
They can also order imprisonment or jail time as a penalty if the contempt is considered severe or repeated. The duration of jail time would depend on the discretion of the court.
How Can I Go to Jail For Hiding My Car From Repo Man?
Even though you’re not likely to go to jail for hiding your car from a repo man, here’s how it could happen:
1. You’re Held in Contempt of Court
As reiterated earlier, if a court has issued a repossession order for your vehicle, and you deliberately hide the car to avoid repossession, you could be held in contempt of court, which occurs when someone willfully disobeys a court order, resulting in penalties such as fines, community service, or imprisonment.
So, if the court determined that you purposefully continued to hide the car for repossession with the intent to reap where you did not sew, they may decide to give you jail time as a punishment, causing you to go to jail.
Just like I said earlier, if you are held in contempt of the court and you go to jail, you did not go to jail because you hid your car from the repo man, but because you failed to obey the court order that mandated you to release the car to your loan company.
2. If Your Actions Involve Fraudulent or Deceit
If your actions involve fraud or deceit, such as providing false information about the car’s whereabouts or ownership, you could face criminal charges which may result in jail time.
For example, if you provide false information to the repo man or the creditor about the location of the vehicle, this could be considered fraud, which is a criminal offense in many jurisdictions.
Therefore, if you’re experiencing financial difficulties that make it challenging to keep up with your car payments, instead of hiding the car from them, communicate with them as soon as possible.
Many creditors are willing to work with borrowers to find alternative arrangements, such as modifying loan terms or establishing repayment plans. You don’t need to hide the car. Even if you decide to hide it, how long do you think you can hide it? Moreover, you can’t hide it forever.
3. If Your Action Led to Obstruction of Justice
Hiding a car from a repo man could also be viewed as obstructing the legal process. Obstruction of justice involves interfering with the administration of the law or the proper operation of the legal system.
Depending on the circumstances, obstruction of justice can be charged as a misdemeanor or a felony, which can result in imprisonment. This is possible if the court had earlier given you the order to release the car and you failed to do so.
When you’re held in contempt of the court, it is then the court will question your intention to know whether your action led to the obstruction of justice which it does.
4. Prior Offenses or Patterns of Behavior
If you have a history of similar offenses or if hiding the car is part of a larger pattern of fraudulent behavior, the authorities may take a more serious view of your actions.
If you’re considered to be a repeated offender or one of those engaged in organized efforts to conceal assets, you may face harsher penalties, including jail time.
Also, the repossession law of your state and what your contract says will determine if you will go to jail or not.
Whatever you signed in the contract is binding all the signatories to the contract, so if the contract states jail for purposely hiding the car from the repo man, then you could be jailed. The same goes for the repossession law of your state/country.
Legal Consequences of Hiding Your Car from Repo Man
Here are the legal consequences of hiding your car from a repo man:
- It is a Breach of Contract: When you finance or lease a vehicle, you enter into a contractual agreement with the lender or lessor which includes provisions regarding your obligation to make timely payments and the lender’s right to repossess the vehicle in the event of default. By hiding your car from the repo man, you may be breaching this contract, which could lead to legal action by the lender.
- You Can Be Sued: If you hide your car to avoid repossession, and the repo man never finds your car, the lender may take legal action against you in civil court which could result in a judgment against you for the outstanding balance on the loan or lease, plus any associated costs and fees. The lender may also seek damages for any harm caused by your actions, such as the depreciation of the vehicle’s value or the costs incurred in locating and repossessing it.
- Criminal Charges: In some areas, hiding a car from a repo man may constitute a criminal offense. This may include charges such as theft, fraud, or obstruction of justice, depending on the circumstances. These charges could result in fines, probation, or even imprisonment, particularly if your actions are deemed to be deliberate and fraudulent.
- Contempt of Court: Contempt of court is a serious offense that can result in fines, imprisonment, or other penalties imposed by the court.
- Damage to Your Credit Score: Regardless of whether legal action is taken against you, hiding your car from a repo man can damage your credit. Repossession and default on a loan or lease agreement can hurt your credit score and may make it more difficult to obtain credit in the future.
Which States Can You Get Arrested for Hiding Your Car from Repo Man?
Some states like Georgia and Texas, have concealment laws, meaning that if a car subject to a security interest is hidden, there are criminal laws that can result in arrest.
For example, in Texas, an individual who has obtained a loan for the purchase of an automobile and gives the lender a lien on the vehicle as security for the repayment of the auto loan has a duty under civil law to make the collateral available to the lienholder when demanded.
If the owner does not do so, the lender can sue the vehicle owner, “Writ of Sequestration,” which is a court order, ordering the Sheriff to take the vehicle, pending a hearing.
Although the Texas Penal Code makes it a crime to “conceal, remove, or harm, property on which there’s a lien” with the intent to hinder enforcement of the lien, this section of the Penal Code is rarely enforced and has not been enforced in about a quarter of a century.
Conclusion
You cannot go to jail for hiding your car from a repo man unless there are additional criminal charges involved, such as fraud or contempt of court. If you fail to make the car available for repossession, your creditor may pursue replevin as a means to recover the car from you.
When the court order is issued and you fail to obey it, you will be held in contempt of the court and maybe jailed as a punishment for disobeying the court.
Therefore, do not hide your car from the repo man. Don’t try to reap where you did not sew. Communicate with them about your financial situation, and they may develop a plan that will be beneficial to both of you. It’s better for your credit score than hiding your car from them.
