Legal Question in Civil Rights Law in Georgia

Last year in march of 2009 I decided to buy a van from my best friend that she got at an auction for $2100. It is a 2001 Dodge Caravan. She decided that she wanted a Honda Audessy instead and offered to sale it to me. I told her yes. she wanted to sell it for the same price she bought it for, which was $2100. My future husband have been paying on it for me since last year. We were suppose to pay her $200 a month until Jan. of 2010. But we have been skipping a lot of months because we had to pay rent, or other bills that got in the way. She never charged us any late fees or penalty for being late all those months. And last year she had already signed the title in my name to me so that I could get tag and insurance on it. So legally I have owned the van all this time. But we still paid her most of he money. We have two more payments and we are finally done. But Now she is mad at my future husband because he is tired of her using me and taking advantage of me as far as watching her three kids for her for free while she is at work and she wants to use some of my food stamps. And my husband to be said no. So now she wants to charge us late fees on the van. We said no because we are almost done and that we are going to pay her the $400 that we owe her. That's it. She threatened to take the van back, when legally I am the one who has the title in my name. She signed it over to me last year. Does she have the right to take it?


Asked on 4/28/10, 7:13 am

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

The answer depends on the paperwork. If she used a proper contract that provides for late fees and contains correct language she can. If she did not she can't. As far as a repossession, that also depends on what the sales contract says and whether she recorded a lien on the car.

You left out that information so we can't answer.

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Answered on 5/03/10, 1:58 pm


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