I have a merchant pressuring me to file charges under the above mentioned law on a whole stack of "customers". I was just wondering how some of you handle these type of claims.

I have declined all of these that have been submitted after a careful review of the facts. Mere non-payment is not an offense, and the removal must be to a location that is out of state. Once I explain the statute and the cases interpreting it to the merchants, I have not had any more referrals.

I agree with Ken. Also you will find that many of the merchants do not properly perfect their liens, and the statute requires they be perfected. Break out that old copy of the UCC.

I have taken a few but they were egregious cases (hiding, wasting, or removing assets) and had good liens.

I don't routinely file these cases either. Those that I do file, I work hard to make sure I have the necessary pieces in place.

One thing that has proven useful is to provide the investigating officer with a checklist. Since it is not the "real crime" they are used to investigating, they are often at a loss. I haven't updated it recently, but if you like to see a copy give me a call with your fax number next week. 254-933-5215.

One merchant I did take a case from was a used car dealer that went the extra mile. In this jurisdiction we have a lot of out of state residents temporarily stationed at Ft. Hood. Some leave with the cars still owing money. This merchant as part of his "I'll tote the note" sale, got a signed statement from the customer that they understood that "removing" the vehicle from the state could subject them to criminal prosecution and acknowledging that they had been provided with a copy of the Hindering a Secured Creditor statute.