Can I be charged with a felony for withholding property from a lienholder?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 11 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.  


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption