Results 1 to 3 of 3
  1. #1
    Join Date
    Feb 2017
    Posts
    2

    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.

  2. #2
    Join Date
    Oct 2014
    Posts
    7,150

    Default Re: Car Stolen or Repossessed What Are My Rights in Georgia

    You sold the truck to him and title is in his name. So it is not your truck. It is his truck. At best I think the way you worded the bill of sale might be construed to retain a security interest in the truck. It is that which probably lead the police to say it was a civil matter and drop the theft charge. The bill of sale is not well drafted, so even the argument that you retained a security interest might not fly. You certainly did not hold a perfected security interest, because for that you need to have lien recorded on the title. If you complain to the police about his taking of the truck, I can pretty much guarantee they will say the same thing: it is a civil matter. After all, it will be very hard to convince a jury that a guy taking a truck that is titled in his name and who has a bill of sale issued by you is not the owner of the truck. So I think you can forget about theft charges, but maybe some kind of charges relating to the damage to your property might be pursued.

    Realistically, this really boils down to a civil dispute between you. You may sue him for the damage to your property and the personal property that was in the truck. As for the truck itself, given the badly worded bill of sale a court might not give you anything for that or for the stuff you added to the truck. (Why in the world would you add stuff to a truck that was not yours?) But you can ask for compensation for the truck and/or the return of the truck and see what the court says.

    Even for a long time employee, I would not have done what you did. Helping out the employee is fine, but how you went about doing it almost guaranteed it would be messy if something went wrong. And indeed that seems to be the outcome here, a mess. Next time you might want to consult an attorney before trying to do something like this.

  3. #3
    Join Date
    Feb 2017
    Posts
    2

    Default Re: Car Stolen or Repossessed What Are My Rights in Georgia

    I think you took this the wrong way. He bought the truck under his name. I bought it from him and have bill of sale he just won't allow me to pay it off and release title. I have every receipt for every payment. So how does this change now?

    1. Sponsored Links
       

Similar Threads

  1. Transfer of Title: Payed Off Vehicle from Private Seller, and Now the Seller Say's Title is Pawned
    By ternyhappy1 in forum Cars and Dealerships
    Replies: 3
    Last Post: 12-01-2016, 01:51 AM
  2. Repossession: Is a Private Car Seller Allowed to Repossess the Vehicle
    By Dreams2dream in forum Cars and Dealerships
    Replies: 2
    Last Post: 07-31-2016, 08:47 AM
  3. Sales Agreements: What Can You Do if a Car Seller Takes Your Deposit but Sells to Somebody Else
    By stickman in forum Cars and Dealerships
    Replies: 2
    Last Post: 04-03-2016, 09:38 PM
  4. Sales Agreements: Private Seller Wants Vehicle Back
    By Israel Ray in forum Cars and Dealerships
    Replies: 4
    Last Post: 09-12-2015, 05:11 AM
  5. Private Sales: Can Private Seller of Vehicle Change Their Mind
    By 89alumni in forum Consumer Law
    Replies: 4
    Last Post: 01-25-2011, 07:24 PM
 
 
Sponsored Links

Legal Help, Information and Resources