Legal Question in Consumer Law in Georgia

i had a friend of mine take over the payments on my 03 trailblazer which is still being financed. we wrote up a contract and i put in there that if she is 3 months late i have the right to come get the vehicle. well first off is the contract even binding since i have the contract with wells fargo. she has been over a month or even two late every month she has had the vehicle which has been since may of last year. before it gets to the 3rd month she pays it up. but in the meantime she is messing up my credit. i wasnt working at the time and didnt think i would be able to make the payments is why i had her take over the payments.

Asked on 1/25/11, 10:01 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

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The contract is likely worthless. First, you have no right to repossess if you don't have the appropriate security interest. Further, if you read your contract with the lender, you'll likely find that everyting you did violates the contract with them and likely gives them the right to immediately repo the vehicle and sue for you the rest of what you owe. Finally, as you are learning, it was a horrible idea anyway. You gave someone else control of the car, while you kept all the liability.

Answered on 1/27/11, 1:00 pm

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