Legal Question in Civil Litigation in Georgia
Did a private sale of a vehicle for $2500 6 months ago for installments. Can't get the remaining $600 for 4 months now after extremely rude text messages. I still have title and original agreement. Can I report stolen or do I have to go to court. At this point I just want car back.
1 Answer from Attorneys
Frankly this was avoidable and every lawyer in America would have told you not to sell a car this way. The fact that you are using text messages at all, completely inappropriate to this situation, exacerbates the problem. Legal communications are on paper, appropriately worded on legal advice, and are sent via probable means of delivery. When you do a private car sale it needs to be all cash on delivery. Someone who needs you to finance needs that because banks already determined he probably couldn't make payments. No you can't report it stolen, because it isn't. You can't repossess and get the car unless your lawyer drew up paperwork giving you that ability and properly added yourself as lienholder on the title and besides the expense and potential problems, you can be sued for missteps. Assuming a well written promissory note you can sue him in small claims/magistrate court for the balance. It takes time, and even if you won you may not always collect. Start by showing your lawyer all the papers.
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Request to charge in accordance with state court of georgia rule 10.3 Asked 6/12/16, 1:30 am in United States Georgia General Civil Litigation