Hindering a secured creditor is a criminal offense per Texas Penal Code 32.33. The most common examples of hindering a secured creditor are hiding a vehicle in order to avoid repossession, vandalizing a house prior that is subject to a foreclosure proceeding and selling financed property without paying the lienholder.
This can be a very serious criminal offense, and may result in substantial jail time. If you are being charged (or threatened), you should contact us immediately.
The statute (Texas Penal Code Sec. 32.33) says:
(b) A person who has signed a security agreement creating a
security interest in property or a mortgage or deed of trust
creating a lien on property commits an offense if, with intent to
hinder enforcement of that interest or lien, he destroys, removes,
conceals, encumbers, or otherwise harms or reduces the value of the
property.
(c) For purposes of this section, a person is presumed to
have intended to hinder enforcement of the security interest or
lien if, when any part of the debt secured by the security interest
or lien was due, he failed:
(1) to pay the part then due; and
(2) if the secured party had made demand, to deliver
possession of the secured property to the secured party.
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(e) A person who is a debtor under a security agreement, and
who does not have a right to sell or dispose of the secured property
or is required to account to the secured party for the proceeds of a
permitted sale or disposition, commits an offense if the person
sells or otherwise disposes of the secured property, or does not
account to the secured party for the proceeds of a sale or other
disposition as required, with intent to appropriate (as defined in
Chapter 31) the proceeds or value of the secured property. A person
is presumed to have intended to appropriate proceeds if the person
does not deliver the proceeds to the secured party or account to the
secured party for the proceeds before the 11th day after the day
that the secured party makes a lawful demand for the proceeds or
account.
If you would like to discuss this with our firm, please call us at (214) 696-0021, or click below to instant chat with us.
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