Legal Question in Credit and Debt Law in Georgia

I don't quite understand how he can hold your car IF you are up to date on your payments. Not very sporting of your "paw paw" is it? Obviously, there has to be more of a dynamic at work than you are letting on. Something has sent this man off unless its a lack of blood flow to the brain.

All joking aside, the judge is essentially correct. He is listed on the title as lienholder so its not a theft. The criminal justice system has enough to do with real criminals and they don't want to participate in what looks like an episode of the Judge Judy or Jerry Springer show.

I think what I would do is send your "paw paw" a letter via UPS outlining a payment schedule and tell him to return the car and you will make your payments as per the schedule. If he refuses to return the car in 10 days or less, tell him you will take him to court. However, you have to be ready to follow through.

Go to the county in which your "paw paw" lives. I have the form below for an action to recover personal property; you will have to fill it out and get it served on your "paw paw.": If you can do this in small claims, try there. If not, you can always bring a small claims action for the value of your car that your "paw paw" converted as well as the cars that you traded. The court should have the forms for money owed. Make sure that the4 total value is less than $15,000.

If you can't file in magistrate court and really want your car back, then get a lawyer and sue in superior court for recovery of the car since the action involves equity.

� 9-10-201. Action for recovery of personalty

The form of an action for the recovery of personal property may be as follows:

IN THE COURT OF COUNTY

STATE OF GEORGIA

A.B., )

Plaintiff )

)

v. ) Civil action

) File no.

C.D., ) (Clerk will insert

Defendant ) number.)

COMPLAINT

The defendant herein named is a resident of (street),

(city), County, Georgia, and is subject to the jurisdiction of this

court.

1.

Defendant C.D. is in possession of a certain (here describe the

property) of the value of $ , to which plaintiff claims title.

2.

Defendant refuses to deliver the said to plaintiff or to pay

plaintiff the profits thereof.

Wherefore, plaintiff demands judgment against defendant (here list the

relief prayed for).

Attorney for plaintiff

Address

Your post makes no sense because you keep contradicting yourself. You say you are current, and your father says otherwise and then you admit you are behind, but less than a month. Assuming a proper note was signed, once you were one minute late, repossession was an option.

This is not a criminal matter but a civil one, and it is not a a car theft

If you ARE current on the note, sue him. If you are behind, pay the note in full plus repo fees that may be in your note.