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lean holder on tittle

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t3gtman

Junior Member
What is the name of your state (only U.S. law)? Georgia

I loaned a gentle man( my ex step son) $445 ,he put the tittle of his 1992 ford ranger up as collateral ,I had him sign a paper where it states he agrees to pay the loan off with in two months back on 5-6-2010, The tittle was sent off it has him as owner and me as lean holder. This isn't the only money he owes me,I tried to help him out by renting a trailer to him,he moved on 1-29-2011 owing rent $680, a $657 on a Ga Power light bill in my name ,ruined the carpet in one of the bed rooms( had to replace both carpet & padding)
,he still owes me $250 on the truck loan, I found out a few days ago he traded the truck off for a motorcycle on 4-10-2011 . I had already started a civil suit against him ,he was served on 3-30-2011. as you can see he traded the truck off after he was served notice of the suit.I had a police report made,we will go in early may for a warrant hearing called endangering security to see if he will go to jail for a crime( getting rid of the truck without paying for it) my question is : he has since told the other gentle man that he'll get the tittle to him with in two weeks! he thinks he can just pay me the $250 on the truck loan and get the tittle back! can i put any money he gives me towards the other amounts he owes me for first? Be cause I know he thinks he'll just get the tittle back and then I'll just have to get my money the bast way I can. The other person has agreed to return me the truck if the judge awards me the judgment.What is the name of your state (only U.S. law)?Georgia
 
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justalayman

Senior Member
if he hands you money and says "this is for the truck", then that money is for the truck. Once he pays you what he owes you for the truck, you cannot legally refuse to release the lien.


is there some reason you haven't drug this kid into small claims court yet?
 

t3gtman

Junior Member
if he hands you money and says "this is for the truck", then that money is for the truck. Once he pays you what he owes you for the truck, you cannot legally refuse to release the lien.


is there some reason you haven't drug this kid into small claims court yet?
I've filed a small claims suit on him,he was served on March 30 ,I've been told he has 45 days to answer,as of last week he has not answered the complaint, then got rid of truck on April 10. Even if he tries to hand me money on the truck,do i have to take it or can i refuse it? Why do i have to take it,when he owes me on all the other stuff? just not fair. I don't mind giving him the tittle back ,but i want what he owes me on everything else first,The small claim suit includes the truck loan,rent balance.light bill and any damages.my concern is did he commit a crime by getting rid of the truck without paying for it first without getting the tittle back? that is what we'll be going to court in early may .I've been told no money or possession will be discussed ,only weather or not Ill be issued a warrant for his arrest! he's on probation... Also, did he not breach the original contract signed on 5-6-2010 stating he would pay it back within 2 months?
 
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justalayman

Senior Member
t3gtman;2799747] Even if he tries to hand me money on the truck,do i have to take it or can i refuse it?
you can refuse it but a court would likely see that as you effectively stating there was nothing owed on the truck.

Why do i have to take it,when he owes me on all the other stuff?
because each transaction involves a separate contract.

The small claim suit includes the truck loan,rent balance.light bill and any damages
as it should

.
my concern is did he commit a crime by getting rid of the truck without paying for it first without getting the tittle back?
not if there was no intent to defraud the buyer

y .I've been told no money or possession will be discussed ,only weather or not Ill be issued a warrant for his arrest!
I don't see any criminal action with the situation. Business contracts are generally considered to be civil cases. They can end up with criminal acts but most generally, they don't.

.
Also, did he not breach the original contract signed on 5-6-2010 stating he would pay it back within 2 months?
then he breached the contract and your remedy is to sue him, which appears to be already in the works.
 

t3gtman

Junior Member
you can refuse it but a court would likely see that as you effectively stating there was nothing owed on the truck.

because each transaction involves a separate contract.

as it should

.not if there was no intent to defraud the buyer

I don't see any criminal action with the situation. Business contracts are generally considered to be civil cases. They can end up with criminal acts but most generally, they don't.

.then he breached the contract and your remedy is to sue him, which appears to be already in the works.
Would it not be trying to defraud the person ,since the last time he paid on the truck was back on 1-29-2011 and at that time he only paid $20. I tried to give him plenty of time to pay me,but I haven't seen him,now it's almost 3 months later and after I file a claim ,he decides to get rid of the truck!how can that not be defraud. I've already paid for the warrant hearing,so i guess it will be up to the judge to decide weather he committed a crime or not. Stuff like this is why so many people go out and take the law in to their own hands!just not right at all! dead beats get away with everything.....
 

Zigner

Senior Member, Non-Attorney
Would it not be trying to defraud the person ,since the last time he paid on the truck was back on 1-29-2011 and at that time he only paid $20. I tried to give him plenty of time to pay me,but I haven't seen him,now it's almost 3 months later and after I file a claim ,he decides to get rid of the truck!how can that not be defraud. I've already paid for the warrant hearing,so i guess it will be up to the judge to decide weather he committed a crime or not. Stuff like this is why so many people go out and take the law in to their own hands!just not right at all! dead beats get away with everything.....
This is a civil matter - ie: breach of contract. You DO have remedies.
 

helpfulhank

Junior Member
for a measly 2000 is it really worth all this trouble cut your losses and learn from experiance. its not worth the headache. just turn your back on him you tried to help him and look what you got. if you go to court and win he still likely wont pay and than this thing just keeps on going and going.What comes around gos around and he will get his one day just let it go, and try to put him and all his crap behind you.
:)
 

t3gtman

Junior Member
for a measly 2000 is it really worth all this trouble cut your losses and learn from experiance. its not worth the headache. just turn your back on him you tried to help him and look what you got. if you go to court and win he still likely wont pay and than this thing just keeps on going and going.What comes around gos around and he will get his one day just let it go, and try to put him and all his crap behind you.
:)
I know,but it's the principle of the whole mater, When we give up ,they win! What ever the judge says i'll go with ,if he's arrested then he is ,if not,then we'll still be seeing each other in the civil suit.See what you don't realize is I had to pay the power bill or it was going to be attached to my power bill and if not payed they would cut my power off,I paid over $900.00 to Ga Power just 2 weeks ago, to keep them from turning my power off. And this low life wants to think he's going to get away with it! not happening! It took me over 2 yrs to catch up with one renter ,I did a fifa ,the sheriff took vehicle she just had payed cash for ( paid it in full from her income tax refund) ,it sold on the court house steps,i purchased it back ,sold it and garnisheed the ladies wages to get the rest of my money...
 

Zigner

Senior Member, Non-Attorney
I know,but it's the principle of the whole mater, When we give up ,they win! What ever the judge says i'll go with ,if he's arrested then he is ,if not,then we'll still be seeing each other in the civil suit.See what you don't realize is I had to pay the power bill or it was going to be attached to my power bill and if not payed they would cut my power off,I paid over $900.00 to Ga Power just 2 weeks ago, to keep them from turning my power off. And this low life wants to think he's going to get away with it! not happening! It took me over 2 yrs to catch up with one renter ,I did a fifa ,the sheriff took vehicle she just had payed cash for ( paid it in full from her income tax refund) ,it sold on the court house steps,i purchased it back ,sold it and garnisheed the ladies wages to get the rest of my money...
And imagine that...all your work and not a single criminal action in sight!
 

t3gtman

Junior Member
Up-date ,I went to court yesterday for the hearing against the gentleman on Theft by Conversion ,he fail to appear,I then had to present my evidence to the judge ,she then found, that he did in deed commit the crime of the warrant,therefore she issued a warrant for Theft by Conversion for his arrest. And told me that my next step is to follow up with repossession ,she couldn't give me legal advise on how to go about it,but I was able to get out of her that I could file the right papers at magistrate office,which I'll do today.
The hearing yesterday was only on the warrant.
 

t3gtman

Junior Member
And imagine that...all your work and not a single criminal action in sight!
Imagine that! you were wrong!! warrant was issued for his arrest for committing the crime of theft by conversion.. Looks like some justice is being served after all..
 

dmcc10880

Member
If you want the truck back, if you know where it is, call a tow truck and repossess it.

The balance of what he owes you, as others have stated is a totally separate matter. You'll just have to wait for your date in small claims court.
 

Zigner

Senior Member, Non-Attorney
Imagine that! you were wrong!! warrant was issued for his arrest for committing the crime of theft by conversion.. Looks like some justice is being served after all..
Warrant was issued because he didn't show up, dufus.

ETA:
Oh, and in case you forgot...America's courts still operate under that old "innocent until proven guilty" concept. A warrant doesn't, in and of itself, mean that the person is guilty of any crime.
 

t3gtman

Junior Member
Warrant was issued because he didn't show up, dufus.

ETA:
Oh, and in case you forgot...America's courts still operate under that old "innocent until proven guilty" concept. A warrant doesn't, in and of itself, mean that the person is guilty of any crime.
No the warrant wasn't for not showing up! I still had to summit my case! the actual warrant was theft by conversion.... I would have thought that him not showing would be all i need ,but I still had to present all my evidence for her to review..So maybe he will have not only one charge on him but one for not appearing at the hearing..Hehehe He willing traded / sold vehicle without taking care of his debt first.. once arrested ,she said either the DA will take it over or turn it back to her... He is also on probation,so we will see what happens!
 

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