Legal Question in Criminal Law in Georgia

Your have far worse problems. You returning the car was a default, and you can be sued for a deficiency. In many cases you owe far more now than you owed before you did the worst thing you can do with a car, a voluntary repo. Ignore your ignorant brother. Then see a lawyer to deal with the very real problem, as you are likely going to get sued by the lender.

I answered this same exact question yesterday when you framed it as: Can you be arrested and charged for theft by deception. Do you remember? Even though the question was posed a little different, here is the same answer:

Because the title, tag and insurance are all in your name, the person who was in possession of the vehicle stole the vehicle, correct? You filed a police report, indicating that your vehicle was stolen, correct? No? That is because the person that was driving the vehicle did not steal the vehicle. You gave him the vehicle to drive. why would you give another person your vehicle to drive? Because they are paying on the vehicle. So, the person to whom you sold the vehicle is driving around on a vehicle that is still in your name. This is the only logical conclusion. So, the person responsible for paying you does not need a contract, you have an oral contract, demonstrated by the person having physical custody of your vehicle. Now, here is the problem: Because you and the person are dealing with tough economic times, you have these crazy arrangements. She cannot fulfill her part, so you take back the car. Are you authoried to take back the car? Not according to the verbal agreement. And there is no written agreement. SO, yes you can be charged with theft by deception when you use self-help to recover the vehicle in your name which you sold without any paperwork. I wish you the best of luck.