Car sold without bill of sale - Georgia

[Atlguy76]

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

Alright folks. Did a really dumb thing. Sold the car without a bill of sale today. Sale price was $7000. Buyer paid $5800 in cash and $1200 in check that I have not cashed yet. Buyer walked away with the car, title signed and dated by me as we'll as my tag!.

He called me later in the evening saying that he did not think the car was worth $7000 and that he has asked his bank to stop payment on the $1200 check. There is nothing wrong with the car. He just feels that it is not worth the money he paid.

I have no clue as to where to go from here!. Any suggestions ? I already informed other potential buyers that the car is sold and since I do not have a bill of sale, do i have no other option than to accept what he is saying and just settle for the cash that he paid ?

 

[OHRoadwarrior]

You report him to the police for committing fraud. They may tell you to sue him in court.

 

[Atlguy76]

I went ahead and deposited the check. Until i do not get the funds, i wouldnt know what to tell the police. If he has really stopped payment then i will be notified and i can use that as evidence when i go to the police.

 

[Atlguy76]

Some more questions :

1. Do i need to hire a lawyer if i am going to sue him or can i do it by myself ( having not ever sued anyone else before ).

2. Would this be a lawsuit in small claims court ?

The bank is not helping and has asked us to wait and watch if the check is returned without the funds being transferred.

I notified the tag office to cancel the tag and that the car is sold and cancelled the insurance. Am i missing any other steps ?

 

[LdiJ]

Some more questions :

1. Do i need to hire a lawyer if i am going to sue him or can i do it by myself ( having not ever sued anyone else before ).

2. Would this be a lawsuit in small claims court ?

The bank is not helping and has asked us to wait and watch if the check is returned without the funds being transferred.

I notified the tag office to cancel the tag and that the car is sold and cancelled the insurance. Am i missing any other steps ?

I would have waited a bit before cancelling the insurance. If he doesn't register/tag the car right away and you are still showing as the owner, and then he wrecks into someone else, you don't have a bill of sale to prove that you sold it, so you could be held liable.

 

[tranquility]

A stopped payment check is not going to be a crime (Absent fraud which would be near impossible to prove on these facts.), but the check can be sued upon with statutory penalties--including the payment of an attorney.

http://www.georgiacourts.org/courts/magistrate/lumpkin/checksanswers.html
http://law.justia.com/codes/georgia/2010/title-13/chapter-6/13-6-15/

 

[Atlguy76]

Thank you all for your help and prompt responses. Truly appreciate your help !

 

[swalsh411]

This is a classic scam that has come up here before, although it seems like a lot of trouble to go through over $1,200. The buyer is now in a position to say the actual selling price was $5,800 not $1,200 and you agreed not to cash the check. You don't have a bill of sale to prove him wrong.

 

[Atlguy76]

This is a classic scam that has come up here before, although it seems like a lot of trouble to go through over $1,200. The buyer is now in a position to say the actual selling price was $5,800 not $1,200 and you agreed not to cash the check. You don't have a bill of sale to prove him wrong.

Update : the check was returned as stop payment. Not sure where to go from here... Any ideas/suggestions. I talked to a few lawyers but none seem interested due to the low amounts.

 

[OHRoadwarrior]

Approach the police about the bad check. If they are not interested, sue in small claims.

 

[Zigner]

Approach the police about the bad check. If they are not interested, sue in small claims.

If you read the first link given by Tranq above, you will see that checks that have had a stop-payment issued are NOT criminal matters. No need to go to the police.

 

[OHRoadwarrior]

If you read the first link given by Tranq above, you will see that checks that have had a stop-payment issued are NOT criminal matters. No need to go to the police.

OP can explain the situation to the police and allow them to determine whether they feel fraud was committed. Did you miss that part?

 

[Zigner]

OP can explain the situation to the police and allow them to determine whether they feel fraud was committed. Did you miss that part?

AGAIN, a check that has had a stop payment is, BY STATUTE, not a criminal matter.

Did you miss THAT part?