Legal Question in Civil Litigation in Georgia

We sold our truck to a guy and put a lien on the truck so he can make $200 payments every other week til it was paid off. For the first month everything was good making payments on time driving the truck back and forth to work, and then all the sudden he drove it to TN where he I guess lives and he claimed the motor blew up. He has yet to show us proof that the truck is blown. Meanwhile he is was a month and a half late on his payments so he was about 3 payments behind, he finally sent us a money gram for only $50 and said he would pay the rest of the payment when he got paid, it has now been about two weeks since he was supposed to pay again, he missed another payment and was supposed to pay us yesterday for the payment he just missed, I haven't been able to get ahold of him he will not respond to me. On top of that he claims he took the truck to the shop and he has 30 days to pay the shop or they are gonna put a mechanic lien on it and take the lien from us and then send us a bill for the truck, so I asked him for the shops name and number so we can call them and he refused to give me the info and said it was none of my business. Then he continued to say that the truck isn't even at a shop its at his fathers house and he yet to show proof if his father is a licensed mechanic. My question is what is the best way for us to approach this situation to either get the vehicle back and if we received it back would he be entitled to fix the motor? Or to get what he owes us?

I had asked this a few days ago but was then asked if i have the title and if we did a contract. Yes I have the title in my hand which has the guy as the registered owner so he can legally drive it and us and the lienholder, the contract no we did not do which yes i am understanding was not a good idea now. we do have a written out form between us and the buyer where it stated what we were selling and how much the payments were and how much the total was, and each time the buyer made a payment both the buyer and us as well signed it and stated how much was paid and the date it was paid. So as far as clarifying what I have, what would be my options? We are willing to just retrieve the truck since he still owes us $2000.00 and only paid us $1000.00.

Asked on 9/16/13, 10:28 am

1 Answer from Attorneys

Glen Ashman Ashman Law Office
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More bad news. Absent a PROPER contract that gives you rights to repossess you would be stealing his car. You probably can sue him for the balance, if you contract has sufficient language to allow that.

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Answered on 9/17/13, 6:51 pm

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