Legal Question in Credit and Debt Law in Georgia
In 2009..I made a title pawn onmy vehicle. and I Paid on it til Dec if 2012, not being employed the whole time, and they were aware I had no jib...in January of 2013 I went to them and ask them what I could do to pay it off and get my title clear my brother in law was willing to pay it off....long story short they said they would get back with me and they did and said they would go ahead and clear my title and send it to me...I never made another payment never heard back from them never got my title...I called them and asked where my title was I was told they thought they sent it out back at the beginning of the year....I was involved in an accident and the company wanted to total my vehicle, even though they do not require insurance on the loan at the time they then decided I needed to pay them 1500 dollars to clear my title....to this day they've never contacted me never called me never tried to collect or take my vehicle....do I have any recourse or is there any law that if they don't collect or take my vehicle or whatever I'm just lost at what to do and I can't settle these claims without my title
2 Answers from Attorneys
The problem is that your argument is based on "he said/she said" unless you have something in writing. They have signed paperwork and your title. They could have repo'd the car for non-payment and $1500 (but they did not HAVE to) might be a lot less than you would owe them otherwise.
Do have recourse for what? If you owed the money, then you owe the money. Read your paperwork. These pawn title places are ripoffs - the interest rates are exorbitant . Usually, they just repossess your car but your may not have made it worthwhile to do so. That does not mean that they are not owed the money though. They are a lienholder until they are removed from the title.
And what kind of place just agrees to remove themselves off the title? You admit you owed money and that you did not pay it.
You need to get answers and find out what is owed on the vehicle and figure out, if your vehicle was insured, what you will get. If you will get back less than what is owed, I would not bother and let the pawn title place seek reimbursement. Either than or settle the claim with the pawn title, get them to release the title and make the best deal you can with the insurer.
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