Legal Question in Consumer Law in Georgia

Down payment stopped but kept the car

I recently got a car from Honda, and I was supposed to put down $2500 on a 2005 accord. I had to stop payment on the check because i could not come up with the money. Can I go to jail for that, even after I told them I cant pay and they should take their car back? Please help..


Asked on 5/16/05, 12:54 pm

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Down payment stopped but kept the car

I'm going to assume you signed the normal papers you sign when you buy a car. If you did not, the below may not be fully accurate.

It's a felony to stop payment on a check that size when you used it to take possession of a car. The moment you signed the paperwork you owned the car, and you could be arrested and jailed, if they pursue it, for stopping payment.

Additionally, if you signed a normal sales contract, you probably had no right to return the car, so they can auction the car (which now is a used car so will likely sell for less than the loan balance) and sue you for that loan balance, plus towing, storage, sales fees, court costs and attorneys fees.

It would probably be a good idea to immediately go to the dealer, try to work out some small payment to get out of the deal, and get it in writing, if they will let you, and they don't have to let you.

A lawyer would have to review your paperwork to be sure the above all applies to you, but it likely does.

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Answered on 5/16/05, 1:03 pm


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