Legal Question in Credit and Debt Law in Georgia

A friend's truck was repossessed. I wrote a check to the finance co. directly to pay the balance and he was able to get the truck back I had him sign a loan note between him and me. He has not paid one payment and its been a year. In addition to taking him to small claims court, can I go after him criminally for 'fraud by deception' since I have proof that I paid the finance co, directly and he obtained goods (his truck) and never had any intention of paying me back? I found out after the fact, he has not paid back others for loans as well.


Asked on 6/16/10, 11:54 am

2 Answers from Attorneys

Where is the "fraud by deception?" You are entitled to one recovery. You can assert as many claims as you can make out, but you only get one recovery. Fraud is hard to prove. You have to show that he intended this result. I would stick with breach of the note. Payment was owed, he did not send it, you demanded that he comply and he did not respond. You get the same judgment as with fraud. And you can garnish his wages after the judgment if he is not self-employed. As for him not paying back others, all this shows is that he is a perennial deadbeat - it does not necessarily prove fraud without more.

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Answered on 6/16/10, 3:05 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You can sue him on the note.

As you have found, it is always extremely foolish to loan money to people (and even more so to loan money to people who haven't paid their creditors.) Unfortunately because you screwed up by not seeing a lawyer and at least getting a recorded lien on the car, the best you can do is to sue him, and since he's a deadbeat, you could end up with a piece of paper and no money.

There is no fraud. He's just a deadbeat. If you win your case, maybe you'll get lucky and do a garnishment.

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Answered on 6/16/10, 3:35 pm


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