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Meigs
Meigs, Criminal Defense Lawyer
Category: Criminal Law
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Experience:  I have multiple years experience prosecuting and defending clients.
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Hi, Im in Michigan. I recently (two weeks ago) went to

Resolved Question:

Hi,

I'm in Michigan. I recently (two weeks ago) went to a car dealership to purchase a new vehicle which i needed badly. I had a vehicle to trade-in ($1900 still owing) which I'd financed, making on time payments for the past three years. The new vehicle is to be financed for five years.

I provided the dealership with all the documents needed: phone bill, energy bill, MI DL, car insurance information, registration, and two pay stubs. I just began working this March.

My problem is that I provided the dealership with two pay stubs which state all of the correct information such as my employer's name and address, my name, address, acct. info, wage info. etc., BUT my bi-weekly income is fraudulent. The stubs had been altered to make it so I could obtain financing because I feared I would not be able to get a vehicle that I desperately needed.

I can afford the vehicle because I actually have two jobs, but the dealership wanted me to use one (I originally included both employers, but they had me do it over and use one). With only the income from the one employer, I would not qualify for financing I'm sure.

Problem now is it's been almost two weeks and the finance company hasn't even looked at my information because they've been backed up with work (I've called). The dealership will only pay off my trade in and go through with the total sale if financing is a go- if not, they'll probably try other options OR they'll discover this fraud.

This has been bugging me since the day I provided them with these documents. I feel so much guilt and want to confess and pay any fees for driving the vehicle for the past two weeks and I don't even care if I have forfeited my down payment or trade in- I just don't want to be charged for fraud or any other criminal charges.

I want and NEED to confess to them. I guess my question is what can happen at this point? The loan has not gone through- the dealership hasn't been funded.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Meigs replied 1 year ago.

meigs004 :

Hello, I am sorry to hear about your situation.

meigs004 :

I can represent to you that if you have provided false information to the lending company, and they are relying upon that information to finance a car in your name, you definitely need to provide the information to them that the information is not correct. You can do so without "confessing", and simply state to them that the information is not accurate, and that you wish to clear up the mistake. Once you obtain a loan based on that information the fraud has been completed, meaning you have gotten a monetary gain through your misrepresentation. Therefore, if you do not wish to acquire the car, or simply would like to cancel the deal, I would do that immediately upon your first opportunity as you could be charged criminally and/or sued civilly for the misrepresentation. I certainly understand your motivation to misrepresent your income, as it truly not a misrepresentation just a combination of your incomes that you do acquire, however, the fact that the documents were altered, and a financial institution may issue funds to finance a car based on that alteration may subject you to what I just mentinoed.

meigs004 :

If it all possible, I would inform the lending company without confessing to the alteration, and simply try to acquire your funding by providing one income, as long as it is accurate. I understand you may not qualify, but your lending officer should work with you in that instance without causing you to have to misrepresent your income.

Customer:

Hi,

Customer:

So, should i inform the dealership since I believe it's indirect lending or should i call the actual lender, which is a credit union?

meigs004 :

I would inform the dealership as you do not want to obtain the funds and later have the loan canceled due to the misrepresentation. I would speak to the employee at the dealership and inform him/her of the situation regarding the misstatement on the stub, and just state you will get an accurate one with which to present the credit union for a determination on your application.

meigs004 :

Does that answer your questions?

meigs004 :

If so, please remember to provide a positive rating by selecting the smiley face and submitting so that I can be credited for our time together this evening. If you have other questions or would like me to clarify the answers provided please feel free to ask!

Customer:

yes. thank you very much!

Meigs, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 1344
Experience: I have multiple years experience prosecuting and defending clients.
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