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I used my pickup for a Title Loan several months ago. Texas…

Hello my name is...

Hello my name is Alfonzo. I used my pickup for a Title Loan several months ago.

Lawyer's Assistant: What state is this in? And how old is the truck?

Texas & it's a 2007. I haven't paid the loan in several months. A few days ago I received a letter quoting Texas Penal code 32.33 (Hindering Secured Creditors)

Lawyer's Assistant: Has anything been filed or reported?

I can't tell from the letter, but it's saying in TX it's a felony to conceal or hide collateral.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'm just trying to figure out do I have to go to court before I'm convicted of a felony?

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Answered in 14 minutes by:
8/15/2017
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Yes, before you can be deprived of life, liberty or property, due process says you have a right to notice and an opportunity to be heard. If that letter is from the creditor, what they're saying is that you have to let them repossess the vehicle or they'll report you to the police. Before you can be convicted, you should get a letter from the court telling you what you're being charged with and setting an initial hearing date. At the hearing, you have a right to ask for a lawyer to be appointed if you cannot afford one.

What that statute says is that property with a lien cannot be "destroyed, removed, concealed, encumbered, or otherwise harmed or reduced in value". If you still have the truck and are not intentionally hiding it from them, it's not a crime not to have repaid the loan yet.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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Customer reply replied 10 months ago
Just to be honest. I have every intention to give them the truck but the deal was so bad I'm trying to hold on to the the truck a few more weeks until I can put a down payment down on another vehicle.
If I get subpoena to court would I get the option at court to turn in the truck before I'm convicted of a felony?

There's no way to promise that. You could try to enter a deal where you return the truck in exchange for them reducing the charges to a misdemeanor. It's not likely that they'd dismiss the charges outright, but it's possible having a defense lawyer would help with that. You'd get someone appointed at no charge.

Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
Verified
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