When Does A Vehicle in Repossession Status Become GTA? My question is when does a vehicle in repossession status become Grand Theft Auto? I'm an IT professional living in Oregon where I work for a gov't agency. Around January 2019, my co-worker, "Joe" had a mid-life crisis. He got divorced, quit his job and flew overseas to live with a woman he met on-line. About 2 weeks ago, Joe returned. He's trying to find an IT job and eventually bring his fiancee over. My supervisor had lunch with him. Before Joe left, he told us he had bought 2 used vehicles. My supervisor said that Joe told him that he stopped paying on them when he left the country. He just called the loan company and asked if he could start paying on them. They said he could but it was too late - the repo paperwork had been issued. Joe is living on a friend's rural property outside of town. He has the vehicles stashed there. It doesn't sound like he's going to turn them in. I'm concerned that if he gets charged with two felonies, he'll have trouble getting a job flipping burgers, much less an IT job.
A car loan is technically called a &quot;secured debt&quot; and some states have a law called &quot;defrauding a secured creditor&quot;, or something similar, that can cause mere failure to pay a debt or to voluntarily deliver the collateral to the creditor to become a type of theft or another crime in some circumstances. Usually, even then, there must be evidence of an intent to defraud the creditor and not merely an intent to fail to perform a promise to a creditor. For example, in Colorado there is a criminal offense entitled &quot;Concealment or removal of secured property&quot; at Colorado Revised Statutes § 18-5-504 which states: If a person who has given a security interest in personal property, as security interest is defined in section 4-1-201(b)(35), C.R.S ., or other person with actual knowledge of the security interest, during the existence of the security interest, knowingly conceals or removes the encumbered property from the state of Colorado without written consent of the secured creditor, the person commits a class 5 felony where the value of the property concealed or removed is one thousand dollars or more. Where the value of the property concealed or removed is less than one thousand dollars, the person commits a class 1 misdemeanor. But, the default position at common law and under the Uniform Commercial Code, is that merely passively not paying a debt or passively not turning over collateral for debt to a creditor is not a crime.
If the common law applies (i.e. there is no statute that changes it) then it depends on if the item was lost, mislaid or abandoned. The US has statute law dealing with lost money but that is not the question here. Property is generally deemed to have been lost if it is found in a place where the true owner likely did not intend to set it down, and where it is not likely to be found by the true owner. At common law, the finder of a lost item could claim the right to possess the item against any person except the true owner or any previous possessors. Property is generally deemed to have been mislaid or misplaced if it is found in a place where the true owner likely did intend to set it, but then simply forgot to pick it up again. For example, a wallet found in a shop lying on a counter near a cash register will likely be deemed misplaced rather than lost. Under common law principles, the finder of a misplaced object has a duty to turn it over to the owner of the premises, on the theory that the true owner is likely to return to that location to search for his misplaced item. If the true owner does not return within a reasonable time (which varies considerably depending on the circumstances), the property becomes that of the owner of the premises. Property is generally deemed to have been abandoned if it is found in a place where the true owner likely intended to leave it, but is in such a condition that it is apparent that he or she has no intention of returning to claim it. Abandoned property generally becomes the property of whoever should find it and take possession of it first, although some states have enacted statutes under which certain kinds of abandoned property – usually cars, wrecked ships and wrecked aircraft – escheat, meaning that they become the property of the state. For your specifics: If I purchase merchandise in a physical store, and then (accidentally or not) leave the merchandise at the store after I've paid for it, is the store allowed to resell that merchandise to another customer? This would be mislaid property and if they cannot find you and you do not return to claim it after a reasonable time (which would be different for a Mars bar and a Boeing 747) then it is theirs and they can do what they want with it: including sell it to someone else. How does this scenario differ from leaving personal items at the store that I purchased elsewhere? It doesn't.
California Vehicle Code, division 3, chapter 1, article 1, section 4000: A person shall not drive, move, or leave standing upon a highway, or in an offstreet public parking facility, any motor vehicle, trailer, semitrailer, pole or pipe dolly, or logging dolly, unless it is registered and the appropriate fees have been paid under this code or registered under the permanent trailer identification program, except that an off-highway motor vehicle which displays an identification plate or device issued by the department pursuant to Section 38010 may be driven, moved, or left standing in an offstreet public parking facility without being registered or paying registration fees. (Section 38010 defines "off-highway vehicles", essentially agricultural, construction, and other vehicles that are never driven on state roads) Article 2, section 4156: (a) Notwithstanding any other provision of this code, and except as provided in subdivision (b), the department in its discretion may issue a temporary permit to operate a vehicle when a payment of fees has been accepted in an amount to be determined by, and paid to the department, by the owner or other person in lawful possession of the vehicle. The permit shall be subject to the terms and conditions, and shall be valid for the period of time, that the department shall deem appropriate under the circumstances. Article 7, section 4850: The department, upon registering a vehicle, shall issue to the owner two partially or fully reflectorized license plates or devices for a motor vehicle, other than a motorcycle, and one partially or fully reflectorized license plate or device for all other vehicles required to be registered under this code. The plates or devices shall identify the vehicles for which they are issued for the period of their validity. Article 9, section 5202: A license plate issued by this state or any other jurisdiction within or without the United States shall be attached upon receipt and remain attached during the period of its validity to the vehicle for which it is issued while being operated within this state or during the time the vehicle is being held for sale in this state, or until the time that a vehicle with special or identification plates is no longer entitled to those plates; and a person shall not operate, and an owner shall not knowingly permit to be operated, upon any highway, a vehicle unless the license plate is so attached. A special permit issued in lieu of plates shall be attached and displayed on the vehicle for which the permit was issued during the period of the permit’s validity. Divsion 17, article 1, chapter 1, section 40000.1: Except as otherwise provided in this article, it is unlawful and constitutes an infraction for any person to violate, or fail to comply with any provision of this code, or any local ordinance adopted pursuant to this code. In short, yes, you need a license plate or equivalent temporary registration permit to drive on the highways; California is a bit unusual in that it requires license plates for parked vehicles as well.
A financial institution (including a pawnbroker) cannot unilaterally change the terms of an agreement and obeying the law. This section in particular limits the interest rate to 2% per month. It would be illegal and a misdemeanor to raise the interest rate above the statutory limit. They also cannot change (shorten or lengthen) the maturity date of the loan, nor can they obligate you to wait until the maturity date to pay off the loan. They are in a bit of a bind if they lost their FFL. There is nothing illegal about transferring inventory to another store. They cannot compel you to redeem the item immediately, and you cannot compel them to violate the law and keep the item without the required license. In case what happened is that you went past the original maturity date because there is no viable public transportation to the new location and you've gone over the 30 day "grace" period (hence the extra charges), you might successfully argue in (small claims) court that the shop is responsible for your tardiness. The fact that the item is located 40 miles away is not per se an unconscionable burden on you, but if it is impossible or very expensive for you to get there because of the new location, they could have some responsibility to mitigate the situation (e.g. give you a ride to and from).
My recollection is there's a big difference between money and property. I found a 1929 law journal article that supports my recollection. The owner of stolen property is entitled to have it returned. If the person who obtained it from the thief didn't know it was stolen, the person didn't commit a crime, but must give up the property and is not entitled to any compensation (unless the person can get compensation from the thief). A person who innocently receives money is the holder in due course, and gets to keep it. The victim's only recourse is to get compensation from the thief.
You didn't consent to being ripped off. You did however fail to grasp the terms under which you were permitted to park on their property, and you failed to pursue an alternative (such as looking for change; using a credit card). It is possible that you should have known that this was a no-change-given machine, since one can often see that there is no mechanism on these machines whereby you can actually get change. However, if you have clear proof that you owed $6 and you paid $10, then 4 of those dollars are properly yours, and there is a reasonable chance that you could prevail in a suit against them. There is even a greater chance that they would refund the difference, just as a sensible business practice. "Exact change" is legal and can even be the law, especially in government-run transportation systems.
Yes, in Florida Florida Statutes Title XL Section 715.07 provides: (2) The owner or lessee of real property, or any person authorized by the owner or lessee, which person may be the designated representative of the condominium association if the real property is a condominium, may cause any vehicle or vessel parked on such property without her or his permission to be removed by a person regularly engaged in the business of towing vehicles or vessels, without liability for the costs of removal, transportation, or storage or damages caused by such removal, transportation, or storage, under any of the following circumstances: (a) The towing or removal of any vehicle or vessel from private property without the consent of the registered owner or other legally authorized person in control of that vehicle or vessel is subject to substantial compliance with the following conditions and restrictions ,,, Subsection (2) goes on to specify how close the towing firm must be located to the site from which the towing occurs, required notification of local police, requirement to stop towing if an owner appears and pays the specified fee while towing is in progress, prohibition of kickbacks, required signage warning of a tow-away zone, required responsiveness of the towing and storage company to requests for recovery of the towed vehicle, signage on the tow truck, liability for damage to the towed vehicle, and other things. Subsection 2 paragraph g also provides that: A business owner or lessee may authorize the removal of a vehicle or vessel by a towing company when the vehicle or vessel is parked in such a manner that restricts the normal operation of business; and if a vehicle or vessel parked on a public right-of-way obstructs access to a private driveway the owner, lessee, or agent may have the vehicle or vessel removed by a towing company upon signing an order that the vehicle or vessel be removed without a posted tow-away zone sign. Subsection (3) prohibits towing under this section of: law enforcement, firefighting, rescue squad, ambulance, or other emergency vehicles or vessels that are marked as such ... So under 715.07 (2) (g) a car placed as described in the question, which would seem to be &quot;obstruct[ing] access to a private driveway&quot; may be towed if the &quot;owner, lessee, or agent&quot; engages a towing company who complies with the various requirements to do so. The owner or &quot;person in control&quot; of the car will have to pay a fee (half price if such a person appears before the towing is complete), the property owner does not (and may not) pay, but is liable if damage is done to the vehicle that is towed. As for best practices, while an &quot;obstructing&quot; vehicle may be towed even in the absence of any signage, placing signs as described in detail in 715.07 (2) might be a good idea, as it places drivers clearly on notice, and avoids any argument about whether a vehicle is &quot;obstructing&quot; or not. Since such signs must include the telephone number of the towing company, selecting a company in advance is needed before posting such signs. There is apparently no need to call the police to order such a tow. If possible it might be a good idea to notify the driver personally as well. The person ordering the tow must be the &quot;owner or lessee&quot; of the property, or be authorized by the owner or lessee. It would be a good idea for there to be a written authorization. There is no mentio0n of an HOA in the law. An HOA or an officer of an HOA could be an &quot;agent&quot;. HOA rules or bylaws are apparently not required. Yes, in Maryland For comparison, I checked the state law for Maryland on the same subject. It has a law generally similar, Although different in detail, to the Florida law. As in Florida, the property owner or owner's agent may order the towing, with no need to call the police or obtain a court order in advance. As in Florida, there is specific required signage. As in Florida, the vehicle owner must be notified. As in Florida, there are a number of specific requirements imposed on a towing company which performs such tows, and the obvious assumption is that there will be companies who do such towing on a regular basis. The page &quot;Key Provisions in the New Maryland Towing Law&quot; (posted by a law firm that represents community associations) gives a detailed summery of the law, including additional laws in specific counties. The actual state law is at Maryland Code, Transportation § 21-10A-04. It provides that: (a) Unless otherwise set by local law, a person who undertakes the towing or removal of a vehicle from a parking lot: (1) May not charge the owner of the vehicle, the owner's agent, the insurer of record, or any secured party more than: (i) Twice the amount of the total fees normally charged or authorized by the political subdivision for the public safety impound towing of vehicles; (ii) Notwithstanding § 16-207(f)(1) of the Commercial Law Article , the fee normally charged or authorized by the political subdivision from which the vehicle was towed for the daily storage of impounded vehicles; (iii) If a political subdivision does not establish a fee limit for the public safety towing, recovery, or storage of impounded vehicles, $250 for towing and recovering a vehicle and $30 per day for vehicle storage; and (iv) Subject to subsection (b) of this section, the actual cost of providing notice under this section; (2) Shall notify the police department in the jurisdiction where the parking lot is located within 1 hour after towing or removing the vehicle from the parking lot, and shall provide the following information: (i) A description of the vehicle including the vehicle's registration plate number and vehicle identification number; {other specified ID information} (3) Shall notify the owner, any secured party, and the insurer of record by certified mail, return receipt requested, and first-class mail within 7 days, exclusive of days that the towing business is closed, after towing or removing the vehicle, and shall provide the same information required in a notice to a police department under item (2) of this subsection; (4) Shall provide to the owner, any secured party, and the insurer of record the itemized actual costs of providing notice under this section; (5) Before towing or removing the vehicle, shall have authorization of the parking lot owner which shall include: (i) The name of the person authorizing the tow or removal; (ii) A statement that the vehicle is being towed or removed at the request of the parking lot owner; and (iii) Photographic evidence of the violation or event that precipitated the towing of the vehicle; (6) Shall obtain commercial liability insurance in the amount required by federal law ...; (7) May not employ or otherwise compensate individuals, commonly referred to as “spotters”, whose primary task is to report the presence of unauthorized parked vehicles for the purposes of towing or removal, and impounding; (8) May not pay any remuneration to the owner, agent, or employee of the parking lot; and (9) May not tow a vehicle solely for a violation of failure to display a valid current registration under § 13-411 of this article until 72 hours after a notice of violation is placed on the vehicle. Other US States Michigan Section 257.252d provides that: (1) A police agency or a governmental agency designated by the police agency may provide for the immediate removal of a vehicle from public or private property to a place of safekeeping at the expense of the last-titled owner of the vehicle in any of the following circumstances: ... (c) If a vehicle is parked in a posted tow away zone. ... (g) If the vehicle is hampering the use of private property by the owner or person in charge of that property or is parked in a manner that impedes the movement of another vehicle. Section 257.252e provides that: (1) The following courts have jurisdiction to determine if a police agency, towing agency or custodian, or private property owner has acted properly in reporting or processing a vehicle under section 252a, 252b(6) to (11), or 252d: (a) The district court. (b) A municipal court. Section 257.252k provides that: Except as otherwise provided in section 252l, an owner or lessor of private real property shall post a notice that meets all of the following requirements before authorizing the towing or removal of a vehicle from the real property without the consent of the owner or other person who is legally entitled to possess the vehicle: [Goes on to specify the size, placement, and content of required signage. These are not highly different from the Florida law.] So it appears that an obstructing car could in circumstances similar to those in the question could be towed in Michigan, but the police might have to be called. 257.252k seems to imply that the property owner can authorize towing, but 257.252d seems to require polite involvement. New Jersey NJ Code 13:45A-31.6 (Towing motor vehicles from private property) provides that: (a) A private property towing company shall not remove a motor vehicle from private property without the consent of the owner or operator of the motor vehicle, unless: The private property towing company has entered into a written contract with the owner of the private property to provide private property towing services; The owner of the private property has posted a sign, in a conspicuous place at each vehicular entrance, at least 36 inches high and 36 inches wide stating: i. The purposes for which parking is authorized and the times during which such parking is permitted; ii. That unauthorized parking is prohibited and unauthorized motor vehicles will be towed at the owner's expense; iii. The name, address and telephone number of the private property towing company that will perform the private property towing; ... [Several other things that must be included on the sign] The property owner has authorized the private property towing company to remove the motor vehicle; and The private property towing company tows the motor vehicle to a secure storage facility having the capacity to receive it that is nearest to the site from which the motor vehicle is towed. (b) The provisions of (a) above shall not apply if a motor vehicle is parked: On a lot or parcel on which is situated a single-family unit; On a lot or parcel on which is situated an owner occupied multi-unit structure of not more than six units; or In front of any driveway or garage entrance where the motor vehicle is blocking access to that driveway or entrance. So the NJ laws are roughly similar to those of Florida and Maryland, and do not require police authorization in such a case, and where the vehicle is &quot;blocking access to [a] driveway or entrance.&quot; no signage seems to be required for towing to be legal. The NJ laws quoted above and other related laws are included in &quot;Private Property and Non-Consensual Towing Companies; NJAC 13:45A-31.1 to 31.10&quot; a PDF from the NJ Division of Consumer Affairs
Yes, in Orange County, CA, in a residential zone or on residentially-developed property, this is a code violation. Specifically you are looking at Title 3, Division 13, Article 1, Sec 3-13-4(11): Sec. 3-13-4. - Prohibited Conduct. Except as provided in section 3-13-6, exemptions, it shall be unlawful for any responsible party having charge or possession of any real property in county territory to:... (11) Keep, store, or maintain upon any premises under his/her control any abandoned, wrecked, dismantled, or inoperative vehicle, or part thereof, except as permitted by Table 3-13-6(c). You may store/work on this vehicle from a building or location that is not visible from the street, but you cannot work on or store the vehicle on the street or driveway. You might also be able to erect a 6' tall opaque fence around the car, provided the fence meets standards. The code making this illegal is a county ordinance for Orange County, CA, which is not applicable to other counties in California (other counties/cities may have their own ordinances). Codes which cover this sort of activity are generally made at the county or city level. They vary dramatically from location to location, and are often different based on the zoning of the property within the county or city.