Legal Question in Credit and Debt Law in Georgia

I was granted a vehicle during a divorce which was not paid in full. I paid payments for about a year and received a payoff/paid in full letter in 2010. Now 2012, the finance company is saying that they sent it to me in error. Can they repossess my car?


Asked on 4/30/12, 6:05 am

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

If you still owe money and they have a lien, sure they can. You should know how much was owed and how much was paid - you left that important information from your post.

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Answered on 4/30/12, 6:08 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

If you actually had paid in full you would have received the title in the mail then. A payoff letter that is in error is not binding, so if you owe a balance you still must pay it. If you don't, yes, they can and likely will repossess the car. You should have records showing if you did or did not pay the full amount.

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Answered on 4/30/12, 7:01 am

You left out the important details but I agree with my fellow attorneys. If you received a title in the mail then the car cabnnot be repossessed but you could be sued if you owed money. Further, they may also be able to reassert their lien on the title.

If they still have the title, then the car can be repossessed.

I would contact the lender and give them a copy of the divorce decree to make sure they are aware that the car was owed to you. I would also point out that this was their mistake and try to get them to waive any interest and late fees that have accrued between the time you received the letter and now. It never hurts to ask - they can only say no.

I would then arrange to pay what is owed. If you have the title already, you might have some wiggle room to negotiate. It depends on the balance and what you can afford to pay, but since this was due to their mistake I would see if they would accept some lesser sum and release their lien.

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Answered on 4/30/12, 10:35 am


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