Legal Question in Credit and Debt Law in Georgia
On February 22, 2010 I entered into an agreement to sell a used vehicle with my son's friend and his girlfriend. I accepted $500 cash as a downpayment and gave them an agreement that they would pay the balance within 30 days. I retained the title until the balance of $1300 was paid.
They have not paid the balance and until today would not return calls or text messages. I told them that I wanted the balance by tomorrow at 3pm or I wanted the car returned to me. They said unless I refunded them the $500 they would not bring the vehicle back. They said they are waiting for a tax refund which still has not arrived. Not my problem, right?
What legal steps can I take to get my vehicle or my money. I am afraid they will trash the vehicle if they are forced to give it back.
1 Answer from Attorneys
You screwed up badly. You should have seen a lawyer before you messed up. You cannot sel a car by retaining the title. In fact, by doing so, you may have committed a crime. If you wished to be a lender, and frankly individuals should never sell a car with payments, you needed to transfer the title and record a lien on the title, and do a proper bill of sale and promissory note. In that you would have given yourself the rights to sue and/'or repossess.
You can try and sue them (as a small claims in Magistrate Court), but bear in mind you may get sued (or prosecuted) in response, and without the right paperwork, you have a possiility of losing. In not seeking counsel in advance you have placed yourself and money in peril.
If they are willing to return the car in exchange for the $500 that is likely a sensible option you may want to consider.
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