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I’m Getting Out of the Army and Can’t Afford My Truck Payment. – Mark

Written by Steve Rhode

“Dear Steve,

I am getting out of the army soon and can no longer afford my truck payment.

I called my lender located in texas and they said I would be brought down on criminal charges if I didn’t continue to pay or bring the vehicle back to them.

They refuse to repo and demand I bring the vehicle back to them.

They said I would be guilty of hindering a lien. Is this accurate.

I disclosed the location of the vehicle and want them to pick it up.

I am being cooperative but it is impossible for me to get the vehicle back to them.

Mark”

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Dear Mark,

I can certainly see how not cooperating with the lender can complicate things. As it stands now, once you turn the truck in they will sell it at auction and go after you for the big difference between what it sells for and what you owe on it. Auction sale prices are typically very low.

I have no idea if they can file criminal charges against you. You’d have to talk to a lawyer in Texas to get a legal opinion about that.

If you wanted to turn your car in out of state you could ask your lender if they would hire an out of state repo company where you can drop it off. You’d be responsible for the out of state repo charges and possibly shipping to get the truck back to the lender.

The lender is probably going to say that you removed the car from the State of Texas without permission and are hindering their recovery. I’d hate to quote the Texas code here but there are some stiff penalties if “if the secured party had made demand, to deliver possession of the secured property to the secured party” and you did not comply. You can read more here.

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About the author

Steve Rhode

Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

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