Legal Question in Civil Litigation in Georgia
I lent a friend my car while his was in the shop. he has gotten his car out of the shop, however, he will not return my car. I have asked him repeatedly to return my car and I have left several phone messages. He gives me excuses why he is not returning my car (he is cleaning it, he is fixing something). How do I legally get him to return my car. It is not at his house, I would have just gone and gotten it if it had been. Do I need to report my car stolen? I just want to get my property back.
2 Answers from Attorneys
He has stolen your car. You should have already called the police. When a person steals, you call the police. They will likely arrest him and you should then get the car back. Your "friend" belongs in jail.
Also, you need to report the theft to your insurer.
I have to agree. While the initial use is permissive, it ceases to be permissive when you revoke permission and ask for your car back. Theft occurs when the thief takes the property with the intention to deprive the owner of it. This might be more along the lines of unauthorized use. Anyway, tell your friend to brin g it back now or you are taking legal action.
I am not so sanguine about the police. They might just call him and tell him to give the car back or say that its a "civil matter" since you loaned him the car. However, you will not know until you make the call and see what they say. If they treat this as a theft, then call your insurer.
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