Legal Question in Credit and Debt Law in Georgia
I bought a car for my girlfriend at the time. The agreement was she would make the payments regardless of what happens. We broke up and I did up a contract stating if she doesn't pay she has the give the car back. Currently she is four months overdue and I want the car back....It's in my name and I carry the insurance on it. Because I was expecting confrontation, I called dispatch to get a escort from the county sherifs department. However, when he showed up he said he couldn't do that because I didn't have the legal right if she said no? Can I basically go steal the car back or have someone do it for me seeing how it's in my name? What do I have to do to get the car back and not deal with the repercussions of the law?
2 Answers from Attorneys
No one here knows. None of us have read your contract, and I hope you had the sense to have a lawyer draft it. To have the right to repossess a car, you likely need (1) proper contractual language, (2) a declaration of default, (3) a title that shows you as lienholder, and perhaps other documents. The fact that you said you want to "steal the car back" tells me that you probably screwed up badly in not using a lawyer, which would have been cheap. In all likelihood, you will now have to spend a lot on a lawyer to review the paperwork, and probably sue her. Stop calling the sheriff's department - this is a civil matter.
I agree generally with Attorney Ashman. There are several problems here. First you said that you bought a car for your girlfriend. That is called a gift. That would mean the car is hers. The problem here is that it was not titled in her name and I don 't know why this was not done. That fact tends to negate a gift, but the fact that the sheriff will not take the car back suggests that even he recognizes that the car is the girlfriend's, not yours, regardless of what your contract says.
Second, did you have a lawyer draft this "contract?" My guess is no. And there is a huge problem with the contract. On what grounds would there be consideration for your girlfriend to make this contract? It may be void for this reason alone because you would not have had the car if it was a gift. Also, why would she agree to pay for the car if it was a gift?
If the car was not paid for, then how could it be a gift unless you were engaging in fraud on the lender by titling this in your name although this was really the girlfriend's car? Did the girlfriend have lousy credit and rather than co-sign, you thought you would just defraud the lender instead?
And if she is paying for the car, then you really do not have a right to take the car or have the sheriff take the car. This is her property which has been invested in it even if the car is in your name.
You really have made a mess of things. Before this gets even more expensive, I suggest that you consult a local consumer lawyer to see what can be worked out.
Never ever buy a car or co-sign for someone that you are not married to.
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