Legal Question in Family Law in Georgia

Automobile owned by non married individuals

A man and woman purchase a vehicle which is titled in both names and the loan is in both names. They breakup - one party agrees to take the vehicle and make payments, however that party defaults on the obligation - the other party pays all back payments and keeps insurance coverage on vehicle (required by State Law). The party not making the payments keeps taking the vehicle from house, place of empolyment, etc. (Yes the locks have been changed and she was still able to gain access to the vehicle) Police can't do anything because she is on the title nor can we get the default party to sign Power of Attorney to transfer title into paying party's name to refinance. Is there anything legally the party paying for the vehicle can to do obtain possession? If not, any advice on how to get out of the debt without filing bankruptcy or paying the whole loan off? The lender is a large lender and is not open to negotiations.


Asked on 8/10/05, 3:09 pm

2 Answers from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Automobile owned by non married individuals

Without their consent, you can't change the title or the debt obligation. However, if they agreed to continue their payments, but did not, you have a potential civil claim against them for back payments and any late fees/charges they caused.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 8/10/05, 3:48 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: Automobile owned by non married individuals

I would file suit in small claims court (if the amount in dispute is less than $15,000.00). That would get her attention.

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Answered on 8/11/05, 9:21 am


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