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socrateaser, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 38801
Experience:  Retired (mostly)
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We financed a truck in the state of NC and became default on

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We financed a truck in the state of NC and became default on the loan. The vehicle has a writ of replevin against it. The sheriff was here today and said if the vehicle is not returned back to the finance company that the finance company has the option to have a warrant of arrest taken against us. I was in a bad car accident and waiting on a large financial settlement and w/that money will pay off the loan. So, can the vehicle owner have a warrant taken out against him by the finance company if we don't turn over the vehicle?

Plaintiff could ask the court for a "turnover" order, and if granted, and you failed to turnover the vehicle to the sheriff, then the court could issue a bench warrant and bring you before the court for a contempt hearing. But, not for a straight writ of replevin, because that simply operates to permit the sheriff to attach/seize the vehicle subject to a final judgment of the court on the loan default complaint.

So, the answer here is "no," what the sheriff claims is not directly possible without further orders of the court.

Please let me know if I can clarify my answer or provide further assistance.

Hope this helps.
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