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Tina
Tina, Lawyer
Category: Legal
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Experience:  JD, BBA Over 25 years legal and business experience.
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I , as a private owner of a car held the remander the paper

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I , as a private owner of a car held the remander the paper ,contract onthe car She did not provide pproof of insursance as required plus used the car as collateral to secure a loan.I had the car repoed. She called the police they spoke with a judge whosaid that it was legal to repo the car the girl was also late on her payment
Submitted: 1 year ago.
Category: Legal
Expert:  Tina replied 1 year ago.

Hello and welcome.

I am sorry to hear of your difficult situation. My goal is to provide you with excellent service. First, I have some questions for you so I can determine what information to provide you.


Are you listed as an owner of the vehicle or you repossessed it because of the borrower's breach of contract? What is your legal question for me please?
Customer: replied 1 year ago.

I am listed as the lien holder on the title and on the contract

Expert:  Tina replied 1 year ago.
I see. Thank you for the additional information, Bonnie. What is your question for me please? Is there litigation currently pending?
Customer: replied 1 year ago.


Do I need to send a ten day notice ,I was advised that I need to sue her for fraud I really would like to be done with her

Expert:  Tina replied 1 year ago.
I see. Thank you, Bonnie.

Yes, lenders who take repossession actions are typically required by Georgia Code Section 11-9-504 to send a "10-day letter" to the borrower, notifying him of his rights to reclaim and redeem the vehicle, so the borrower has the opportunity to cure the default.

Georgia Code Section 11-9-505 requires the lender who repossessed the vehicle to notify the borrower of the financial indebtedness that the borrower must pay off to reclaim the vehicle. This amount can include the debt amount, along with various associated costs and fees.

Here is a link that provides additional information:

http://www.ehow.com/list_6331428_georgia-car-repossession-laws.html

There is normally no need to claim fraud prior to taking possession of the vehicle, but the borrower should be in default on the contract and the contract should indicate that the lender retains the right to repossess the vehicle, as appears is the case here.

I hope this helps clarify the situation for you.

It has been my pleasure to assist you. Kindly remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested. If you feel the need to provide a low rating, please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger. Thank you and all the best to you in 2013.

Tina

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Tina, Lawyer
Category: Legal
Satisfied Customers: 32411
Experience: JD, BBA Over 25 years legal and business experience.
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