Legal Question in Civil Litigation in Georgia
I got a car from a friend/ deacon of my church. He told me he owed a title pawn $2400. He showed me a payment schedule showing 9 months @ right around $270 a month. He told me he had been paying $300 to pay it off early. We made a verbal agreement I would pay him the $300 a month on the 1st until I paid the $2430 he owed on it. That day my dad gave him $300 because he said the payment was due. I started driving it that day, Sunday, and got it insured in my name the following week. He was out of town when I went to pay the next $300, so I was told to leave it with his mother. Today I made the 3rd $300 payment. I asked him to find out what the payoff was because I wanted to try to get it in my name. He gave my dad the paper from the title pawn and it shows $2320 payoff. I'm a mechanic by trade. Since I've had this car I've done alot of repairs to this car. They were done by myself and a coworker at the shop where we work. I've paid him $900 plus the repairs, which would cost the average person $1000. According to the receipt he gave my dad from the title pawn, At $300 a month I'd end up paying around $8000 before I recieve a clear title. Could I, my emoyer, or my coworker possibly file a mechanics lein on this car? We do not have any thing in writing just verbal in front of two witnesses. If a lein is not an option, what would my options be? Thanks in advance.
2 Answers from Attorneys
Your "friend/deacon" is a liar/conman at best and a criminal at worst. Sit down with him and his pastor, whom I imagine will fire him, but might help you negotiate a settlement. If not, sue the deacon in magistrates/small claims court. (Under the facts here I don't see how you can do a lien) Treat this also as a life experience. You NEVER buy a car with a lien or money owing - NEVER. Bear in mind in dealing with a con man that even if you win in court you might have a hard time ever collecting.
Liens are not filed because you chose to make repairs on a car that you considered your own. You hired yourself to do work on your car, for your benefit. That is not a valid reason for a lien, and it will go away anyway when the pawn company gets the car. It is also a weak case (at best) to sue for repairs. Either come up with the money to pay off the title pawn now and get a written bill of sale from the Deacon to get the title, or cut your losses and get out of this huge mistake, or try to get some money for the Deacon, who no doubt will have a good story.
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