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  1. #1
    Join Date
    Feb 2017

    Default What to Do if a Private Used Car Seller Takes Back the Vehicle

    My question involves a consumer law issue in the State of: Georgia

    I had a long term employee of mine purchase a 2011 F250 Powerstroke under his name to help his credit so he could buy a house in the future. The Sales mgr advised us that it needed to be in his name for at least 6 months to help his credit. I wired $10000 to the dealership from my account for the deposit. payments were $300 per month with a payoff of $18k upon his return I had him sign a bill of sale to me from him outlining the terms of the agreement. It reads as follows " buyer paid $10000 deposit bringing balance due to $18600 to be paid within 6 payments starting Aug 30th 2016. After paying these title will be released to buyer. Buyer takes sole responsibility for any and all damages monies or claims against truck or seller in full. Seller agrees that Buyer has claim and owns the truck as long as there is no default in payment. Buyer must keep full coverage insurance on vehicle with Huntington Bank listed as lien holder"

    I used a legit bill of sale which I will upload also. So I made all payments before the due date to him and he to the bank. On the checks I wrote for Truck payment. Well 4 months in I had to fire him and he called the police and said I stole his truck even though I didn't. It was on GCIC for about a week until I got my lawyer to provide the Police Dept with all my receipts and bill of sale. He has the title inches name or rather Huntington does but I only have BOS. They overturned the Stolen status and told him he would have to pursue Civil acton. Well I still tried to pay the 5th payment at end of December but he refused saying I was a day late mind you it was the 27th and loan is due on the 30th. end of Jan I told him I need to make payment and no answer. I called the bank and they said I could make payments but the title would be released to hm still.

    Well the next evening or night about 11:30 Pm he came onto my property and took the truck with an extra key he had made and in doing so destroyed my lawn and took $3000 worth of electrical supplies and power tools. I also just put on $5000 in Light bars and Armor bumper and Winch. He then changed all the locks and refuses to give my property back or let me pay this damn thing and get it and my belongings back. What should or could I do? damaging my property and being ere is criminal damage felony and theft by taking felony and debatable of truck is civil or criminal. I feel like once they took it off GCIC they are in fact stating he has no claim to report it because it is mine? Also could we just take it back and forth until someone gets hurt. It just seems insane bc we called the cops out when he took off and they wouldn't do a damn thing.

    I am just baffled bc now he is just driving my damn truck to work at my competitor shop lol. I mean you can't refuse to take payment so you can go take the property back and then not give me right to pay it in full or give my personal belongings back or sell it and give back the overage? What is my position. I know where the truck is right now what to do.

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