Legal Question in Consumer Law in Georgia

i entered into title pawn on 10/02/2012 that day i was charged 25% interest per OCGA 44-12-131(a)(4)(A)and that day i paid $500.00 toward interest i was to bring the interest balance of 36.82 on friday. when i returned on friday 10/06 i was again charged interest. the entire 500.00 was applied to interest. i returned on 11/01 paied 500.00 agian and it was applied to interest.11/30 i paid 350.00 all with the exception of .68 was applied to interest the .68 was applied to interest. ga. law is a pawn transaction is 30 days any continuation and/or extention must be evidenced in writing. i only entered into the pawn contract 0f 10/02/12 i did not have a contract for november or december. i was laid off at the end of november. i contacted the pawnbroker told him payment of 12/01/12 would be late.i paid on 12/14/12. i had no contract in january 2013 and i was unable to pay. the pawnbroker filed a claim in magistrate court and i was told t pay of give up my truck. i insisted to the court that i did not have a contract and the pawnbroker chrged me more than 25% interest on 10/2012 which by law he couldn't do resulting in the contract being void under ocga 44-12-131(b) the judge said "so what either give the truck up by one o'clock or go to jail today." before i got home the pawnbroker or someone on his behalf took my truck from my property........... do i have any remedy?...... ga laws 44-12-131(a)(4)(A) say that the limit of interest per 30 days is 25% and in para.(b) it says that by charging more than 25% "the pawn transaction is void." Soooooooooo .... that being the law and there never being another contract what right does the pawnbroker have to take my truck on the void contract.........?Do i have any legal protection? thank you


Asked on 4/04/13, 9:14 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

From your post, it appears you had your day in Court on these issues and lost. You did not say when this happened, but what you can do now is to see a lawyer to review all the details. It is beyond something that can be resolved on a website. If the hearing just took place, you need to see a lawyer immediately as time is running.

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Answered on 4/04/13, 9:19 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

When you get sued you need a lawyer. Pro se parties usually lose cases because they have no legal training. Asking about legal help after a case is over is too late, unless you are within the 30 day window for an appeal.

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Answered on 4/04/13, 9:21 am


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