Ok guys I need your help on this. I have a friend that hasn't paid her car note in months, we'll they called and left a message and told her that they need her to surrender the vehicle in 24 hours or they will file a "deaf of conversion charges" never heard of that. And she said they guy said they aren't looking for a payment arrangement, they just want the car. Now she wants to know if she can still call the loan company to make that arrangement, or does she have to surrender the vehicle. She also wants to know if she can file a BK13 to keep them from taking the car? And she is in Texas

They can repo the car, they do not have to agree to a payment arrangement. She might be able to protect the car by filing bankruptcy.

Just be aware that surrendering the car does not end her obligation. The ONLY way I would surrender the car is if they provided her with a loan satisfaction in return. Otherwise, they can sell the car, then go after her for any balance left on the loan.

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Originally Posted by ScottGem

They can repo the car, they do not have to agree to a payment arrangement. She might be able to protect the car by filing bankruptcy.

Just be aware that surrendering the car does not end her obligation. The ONLY way I would surrender the car is if they provided her with a loan satisfaction in return. Otherwise, they can sell the car, then go after her for any balance left on the loan.

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Thanks for your input Scott, can they file this so called conversion charge, I've never heard of such thing and she is panicking at this point. I looked at our TX laws and I see nothing of that nature. I told her they can repo the car if they find it, but of course she has been hiding it. She can't get another car cause of her credit and she lost her job, and can barely make it.

I've never heard of this charge either, but then I'm not from Tx.

Theft by conversion, is when you were given something legally but refuse to return it when asked.

They could if you went to hide the car, refused to give it to them if they asked for it being returned, perhaps keep it locked in a garage where the repo guys can't get it.

It is used more often for people that let you use something, you borrow my car, and don't return it.

Farily common charge in some states.

Bankruptcy will only help if you do a chapter 13 and can still make the payments, but if you can't make the payments it will only require the car to go back.

So yes, she will have to allow the car to go back, or they can look at criminal charges in some states.

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Originally Posted by Fr_Chuck

Theft by conversion, is when you were given something legally but refuse to return it when asked.

They could if you went to hide the car, refused to give it to them if they asked for it being returned, perhaps keep it locked in a garage where the repo guys can't get it.

It is used more often for people that let you use something, you borrow my car, and don't return it.

Farily common charge in some states.

Bankruptcy will only help if you do a chapter 13 and can still make the payments, but if you can't make the payments it will only require the car to go back.

So yes, she will have to allow the car to go back, or they can look at criminal charges in some states.

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I wonder if she does the BK13, they will allow her to make the payment arrangements. I think if she wants to keep the car she should do the BK13.

Thanks

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Originally Posted by Fr_Chuck

Theft by conversion, is when you were given something legally but refuse to return it when asked.

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Ahh THEFT by conversion. That makes sense.

Yes the Bankruptcy may be her best option.

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Originally Posted by ScottGem

Ahh THEFT by conversion. That makes sense.

Yes the Bankruptcy may be her best option.

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I advsd her to file for the BK13, it's her best option.

First if hiding car she can be charged with theft by conversion or if lying to them theft by deception if the car lot fights it they can have the automobile removed from the bk13 and she still loses automobile but instead it'll be court enforced best bet is repo guy is trying to scare her she should call their office not wait for someone to call her repomen are subcontracted they will lie to get the auto

By the way I'm a repoman with c&r recovery

Most car lots do not go through courts to charge people unless it goes on for exended periods but they will to fight chapter 11 or 13 bankruptcy for sure

And yes most collection people will call and lie to people all the time tell them they will lose their homes their cars and more.