Car out of state 3rd degree felony?

Question

I moved to california from texas without notifying the lien holder of my car... which is apparently a 3rd degree felony (i was caught up on payments when i left). A couple weeks after i got here the car blew a head gasket and I spent what little money I had trying to fix it.... which didnt work. Im now 11 days late on my payment and the car place is telling me I need to send the car back to them or pay the late payment now or I risk jail time for moving mortgaged property out of state without permission. Is there anything I can do? Do I have any legal options? Will I really get thrown in jail? Answers from people with CA and TX legal knowledge preferred.

Answer 1

First, there is no law in Texas making it a crime to move property with a lien against it out of state. Second, even if there were, these people can't arrest you, only the police can do that and only if they decide there's a reason to. Third, your contract likely had a provision forbidding you from leaving the state or requiring you to notify them. If that is the case, you violated the terms of the contract, and they could repossess the car if they so wished.

In short, you won't go to jail, but you could lose the car if you don't pay up.

Edit:

If you just want to give it back, just hold on to it and eventually they'll repo it. They'll likely sue you for the outstanding balance of your loan and the cost of the repo.