Legal Question in Consumer Law in Georgia

Probably not for damages, but definitely to obtain a release of the lien. It's also possible their acts are criminal (see below). You don't necessarily need the original title back for the Georgia DMV to issue you a new title in your name. At the very least, however, you will need a written release from the title pawn lender to bring to the DMV -- go to the Georgia DMV website for the proper form to ask the lender to sign.

According to Georgia law, the lender has 10 DAYS to sign and return it. Send the form to them by mail along with a letter AND TRACK IT so they cannot later claim they did not receive it. Also include a self-addressed stamped return envelope (or FedEx) at your cost so there's no excuse for return.

Here's the Georgia law on the subject if you want to read it in full and reference it in your letter --

CODE OF GEORGIA

Title 40. MOTOR VEHICLES AND TRAFFIC

Chapter 3. CERTIFICATES OF TITLE, SECURITY INTERESTS, AND LIENS

Article 3. SECURITY INTERESTS IN AND LIENS ON MOTOR VEHICLES

Current through the 2009 Legislative Session, with ongoing updates from the 2010 Legislative Session

� 40-3-56. Satisfaction Of Security Interests And Liens

(a)(1) If any security interest or lien listed on a certificate of title is satisfied, the holder thereof shall, within ten days after demand, execute a release in the form the commissioner prescribes and mail or deliver the release to the owner, provided that as an alternative to a handwritten signature, the commissioner may authorize use of a digital signature as long as appropriate security measures are implemented which assure security and verification of the digital signature process, in accordance with regulations promulgated by the commissioner. For the purposes of the release of a security interest or lien the "holder" of the lien or security interest is the parent bank or other lending institution and any branch or office of the parent institution may execute such release.

(2) If the commissioner has entered into an agreement with such a security interest holder or lienholder to provide a means of delivery by secure electronic measures of a notice of the recording of such security interest or lien, at such time as the security interest or lien is released, by secure electronic measures, the certificate of title may be printed and mailed or delivered to the next lienholder or security interest holder or, if there is no other security interest holder or lienholder, to the owner without payment of any fee provided by Code Section 40-3-38.

(b) The owner may then forward the certificate of title, the release, the properly executed title application, and title application fee to the commissioner or the commissioner's duly authorized county tag agent, and the commissioner or authorized county tag agent shall release the security interest or lien on the certificate or issue a new certificate and mail or deliver the certificate to the owner. If the satisfied security interest or lien is one reflected on the certificate of title but the certificate of title is in the custody of the first security interest holder or lienholder as provided by this chapter, the release may be handled as provided in Code Section 40-3-27, and Code Section 40-3-26 shall otherwise be complied with. In the event that the lienholder or security interest holder is no longer in business, an individual shall not be required to submit a release to secure a new certificate of title. The owner shall be required to present to the commissioner or authorized county tag agent certification from the appropriate regulatory agency that such lienholder or security interest holder is no longer in business.

(c) Except for liens and security interests listed on certificates of title for mobile homes, cranes, or vehicles which weigh more than 10,000 pounds gross vehicle weight, which shall be satisfied only in conformity with subsections (a) and (b) of this Code section, any lien or security interest shall be considered satisfied and release shall not be required after ten years from the date of issuance of a title on which such lien or security interest is listed. None of the provisions of this Code section shall preclude the perfection of a new lien or security agreement, or the perfection of an extension of a lien or security agreement beyond a period of ten years, by application for a new certificate of title on which such lien or security agreement is listed. In order to provide for the continuous perfection of a lien or security interest originally entered into for a period of more than ten years for a vehicle other than a mobile home, crane, or vehicle which weighs more than 10,000 pounds gross vehicle weight, an application for a second title on which the lien or security interest is listed must be submitted to the commissioner or the commissioner's duly authorized tag agent before ten years from the date of the original title on which such lien or security interest is listed. Otherwise the lien or security interest shall be perfected as of the date of receipt of the application by the commissioner or the commissioner's duly authorized county tag agent.

� 40-3-91. Certain Acts Declared Misdemeanors

(a) A person who:

(1) With fraudulent intent, permits another, not entitled thereto, to use or have possession of a certificate of title;

(2) Willfully fails to mail or deliver a certificate of title to the commissioner or to the purchaser of the motor vehicle or a release of security interest or lien to the owner within ten days of the time required by this chapter, except as provided in Code Section 40-3-90;

(3) Willfully fails or refuses to mail or deliver the certificate of title to the commissioner within ten days after having received a notice, as provided for in Code Section 40-3-27 or 40-3-52;

or

(4) Willfully violates any other provision of this chapter shall be guilty of a misdemeanor.

(b) Any person, firm, or corporation which knowingly makes any false statement in any title application as to the date a vehicle was sold or acquired or as to the date of creation of a security interest or lien shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100.00 or imprisoned for a period not to exceed 30 days.

(c) Any person, firm, or corporation which delivers or accepts a certificate of title assigned in blank shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100.00 or imprisoned for a period not to exceed 30 days for the acceptance or delivery of each certificate of title assigned in blank.

Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.********

Title pawn lenders are covered by the Pawnbroker's Act, and not the laws that govern other secured lenders (as described in the other response). You'll have a much better argument if you refer to the correct law, as most of the title lenders know it very well . In addition, they are regulated by the Insurance Commission in Georgia so if you check their website, they likely have a hotline for complaints. The pawn shop will jump pretty quickly if they get a call from the Insurance Commission office.