[Pulmatie]

In 1990 I purchased a vehicle in Ontario through a finance company. I signed a Mortgage Bill of Sale.

In 1991 I had to leave Canada and I took the vehicle with me with the intention of continuing to pay for it. To cut a long story short I never paid for the vehicle and ended up sellling it in the foreign country.

I have never been back to Canada since then but I am thinking of returning there sometime in the near future. What can I expect?

Will I be sued in civlil court or will I be arrested on criminal charges? Do I have any legal options in terms of coming to some sort of settlement with the finance company?

I would appreciate some brutally frank legal advice so that I can prepare myself financially, mentally and otherwise for what may await me.

[Fr_Chuck]

Not paying for it, is civil. Since you could not have had a clear title to it, the person you sold it to, could press criminal charges against you, where you sold it.

[Pulmatie]

Thank You Fr. Chuck for your prompt response. I am a bit relieved but not completely. As far as the person to whom I sold the car is concerned, there is no problem for me. He has since re-sold it to another buyer and that third person had an accident and the vehicle was completely destroyed by the ensuing fire. My real concern is whether the finance company in Ontario might have reported me to the police for taking the vehicle out of the jurisdiction and if so, can I still be charged.

[Fr_Chuck]

While not up 100 percent on the laws of the great north terrority ( not yet a US state) but no, you should just be liable to apy for the car, and since the car was not returned, the account would still be open so I don't even think the SOL will ever apply.

The issue of fraud for selling, and if there was a current owner, the car could be taken away from them, Best course of action, make payment arrangements with finance company since if they are going to get money, they may even be willing to settle for less than due.

[Pulmatie]

Again, thank you Fr. Chuck for your prompt response. You have been very helpful and I appreciate your candor about not being 100 percent sure about the Canadian situation. Maybe someone who is Canada based could help me out here. I would be extremely grateful.

Thank you Fr. Chuck.

[Pulmatie]

Can anyone help me further?

[JudyKayTee]

Can anyone help me further?

They have to find you - and apparently so far you are not being pursued - in order to "do" anything to you.

If there is a warrant open for you your name will come up at the border and you will be stopped and held. If there is a Judgment against you for the balance on the car (and I don't know if you know that there is) they could be looking for you now to enforce it. They have to get an Order to transfer the Judgment/garnishment from Canada to the US (which is where I would guess you are).

This is both civil and criminal - you didn't pay for but you sold a car which, at that point, did not belong to you. I see additional charges arising out of selling the car depending upon the documentation you used to show ownership/title.

Otherwise I agree with FrChuck and don't think you need anyone else to help you - he knows his stuff and he's right as far as I see it.

I think I'd deal with the bank/finance company now rather than running the risk of crossing the border and being arrested - but that's just my personal feeling.

[Pulmatie]

Thank you Judy KayTee, and you too Fr. Chuck. I am in the Caribbean, not the US. Can I commission a search from down here to determine if there is either a judgement or a warrant outstanding in my name. Can either of you advise me further on how to go about doing this?

[dumbguy83]

Doe anyone know what the difference between criminal and civil court? Also If you are sued in civil court and found guilty does that lead to a record?

[JudyKayTee]

Doe anyone know what the difference between criminal and civil court?. Also If you are sued in civil court and found guilty does that lead to a record?

Criminal Court is where you are tried if you commit any type of crime - shoplifting, murder, whatever. Criminal Court is basically for police matters.

Civil Court is for personal and business matters which do not involve criminal activity.

For example, if you steal from me and I have you arrested you will be charged and dealt with/tried in criminal court.

You are in an accident and are intoxicated. The Police charge you with driving while intoxicated and deal with you in criminal court. You and I settle our damages in civil court.

Then I would sue you for the amount of money you took and that would be in civil court. Occasionally the Judge will order restitution, something of that nature, as part of the criminal disposition.

[dumbguy83]

Thanks Judy! You've been very helpful, please help me out with this next question.
I'm 24, Toronto, ONT.

Scenario: Was caught stealing item $70, cops were called and took down info and I was released, I was not issued ticket to go to court "FORM 9" I think. But the securty guard said that the company will send letter for me to pay for the item or they will take me to court. 10 months later I still have not received the letter.

I was then dumb engouh to steal again at different store, item was $40. Cops were called
And I was given a ticket to apear in court and fingerprinting. Guard said that store won't charge me in civil court.

My question is, since I only received the ticket the second time would the court consider it a first offence. At the upcoming court date will the court know that I was caught 10 months prior.

Thanks again for your answeres, The sitiuation I've put myself in is really stressing me out, I wish that it was over so that I can finally get some sleep!

[JudyKayTee]

Thanks Judy! You've been very helpful, please help me out with this next question.
I'm 24, Toronto, ONT.

Scenario: Was caught stealing item $70, cops were called and took down info and I was released, I was not issued ticket to go to court "FORM 9" i think. But the securty guard said that the company will send letter for me to pay for the item or they will take me to court. 10 months later I still have not recieved the letter.

I was then dumb engouh to steal again at different store, item was $40. Cops were called
and I was given a ticket to apear in court and fingerprinting. Guard said that store won't charge me in civil court.

My question is, since I only recieved the ticket the second time would the court consider it a first offence. At the upcoming court date will the court know that I was caught 10 months prior.

Thanks again for your answeres, The sitiuation i've put myself in is really stressing me out, I wish that it was over so that I can finally get some sleep!

I have no way of knowing what will show up on the Court's computer. If you were questioned and released that could very well mean that the store did not think it made financial sense to them to press charges. Could your name be on the Police computer? Sure. Is it definitely? Hard to say.

I basically do Plaintiff work and I've seen stops and warnings by Police Officers, no tickets, show up when I run a background check - apparently in certain circumstances just verifying your info is recorded.

If you are asked if this is your first offense it obviously isn't and I would not lie.

[Pulmatie]

Thank you Judy KayTee, and you too Fr. Chuck. I am in the Caribbean, not the US. Can I commission a search from down here to determine if there is either a judgement or a warrant outstanding in my name. Can either of you advise me further on how to go about doing this?

I am willing to pay in advance for this help.

[JudyKayTee]

I am willing to pay in advance for this help.

You would, of course, have to pay in advance because you are basically an unknown to the party running the check. You could contact an Attorney in Canada and that Attorney would handle matters for you. Or you could contact a Licensed Private Investigator, preferably in Canada, to run a Police check for you.

[George_1950]

I believe in my area it is against state law to carry or transport an automobile with a lien across state lines without permission of the lien holder. It could be a felony because of the high cost of a vehicle. You could get a credit report, and retain a criminal defense lawyer or private investigator in Canada for research.

[1norell]

Criminal

[JudyKayTee]

criminal

This is a July 2008 question which was answered at that time.