Legal Question in Credit and Debt Law in Georgia

Hi I recently pawn my car tittle and I'm not able to pay it right now due to I lost my job and house had to move I received a call from my mother stating that the loan ppl called saying they wasvoinv to take out a warrant so I went to a different tittle finance place and they was going to pay it off but original loan ppl will not cooperate saying they can't take a check and want give payout balance now there calling my mom saying there going to report car stolen can they do that..


Asked on 9/24/15, 5:37 pm

1 Answer from Attorneys

you don't post any relevant details. i do not understand why the old lender will not take a cashier's check from the new lender. i also do not understand why a new lender is even willing to give you a loan since you cannot pay. and it does not make sense that your car is going to be reported as stolen. the pawn title does not own your car. you do and you cannot steal your own car. theft is defined as taking property of another with the intent not to return it. you are not hiding your car are you so it cannot be repossessed are you? while it is a crime to conceal property that secures a loan from the secured party, that is not theft. as long as your car is not being hidden then it can be repo'd at any time but there is no crime.

sounds to me like the first lender is a jerk. while there is no law prohibiting jerkiness, this is wh car title loans are a BAD idea. they are not the answer to your financial problems. really, if you got a lawyer involved here i think you could get this sorted out quickly but you probably cannot afford a lawyer.

the lender wants money, not to repo your car. you need to call the lender and find out how much is owed and find out whether they will accept a cashier's check. the new lender can issue you a check and you can then go and get a cashier's check. once you get the title, you will have to have it recorded with the new lien info. the problem is the new lender is not going to be excited about giving you money with no car or security and only a promise to put them on the car title.

what is your car worth and what do you owe on this car loan? if the car is worth a lot more than the loan then you need to figure out a way to save the car and avoid a repo. file bankruptcy if you have to and if you have $10,000 or more in debt. if your is not worth what is owed, you might consider letting them have the car if you cannot get the funds together.

these car title loans are bad bad bad. please avoid them in the future if you can

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Answered on 9/25/15, 10:14 pm


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