Legal Question in Consumer Law in Georgia

Car Title-Illegitimate Lien

purchased a used car from a dealer. the, transaction contingent upon repairs to be made, expressly detailed in the contract. paid cash + post-dated check.

took delivery, realized the repairs had not been done properly. (i.e. brakes NOT stopping car.)

took car to OEM dealer, paid to have the car inspected. told me repairs had not been made properly and that the brakes were very unsafe.

paid to have them repaired, then stopped payment on post-dated check.

elapsed time=3 weeks, called DMV to ask what to do if we'd not received title from dealer yet. DMV asked for VIN and said title had lien on it - placed by dealer

*** lien was placed WELL before the post-dated check was due to be processed.***

retained an attorney to begin process: produce security contract with respect to lien legitimacy, release lien, process registration etc

we want to put burden of proof on dealer to show purpose of lien - in other words, dispute the lien with DMV and have them request proof from dealership. we want to register as well, but apparently you need title to do this. dealership has title.

apparently dealer only has to fill in LIEN are of title when processing transfer and the lien is registered with DMV


Asked on 12/18/07, 2:58 pm

1 Answer from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Car Title-Illegitimate Lien

You don't state a question.

At any rate, if you have questions, you should ask them of your attorney. That's what you are paying him/her for. If you don't or can't get answers from him/her, maybe you need a different lawyer.

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Answered on 12/18/07, 3:38 pm


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