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I bought a car from my mechanic in January. Verbal agreement…

Customer Question
I bought a car...

I bought a car from my mechanic in January. Verbal agreement for $2000 for 2003 Infiniti I35. I paid him $1125 and $125 per month. To date have paid $1900. The car has a title loan on it. Last month he tells me since I didn't pay him $2000 up front I'm responsible for the remainder on the loan. I'm not paying anything. What can I do legally to get the title?

Lawyer's Assistant: What state are you in? And is a local attorney or other consumer protection advocate helping with this?

I'm in Georgia. No one is helping with this

Lawyer's Assistant: Have you contacted the seller or manufacturer?

The seller is my mechanic I bought it from.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes. I bought the car because I had a fender bender in November. The insurance declared it a total loss. I got a check for about $800. They provided me with a rental for 2 weeks. After I gave him the $1125 he was supposed to have the car ready within a couple of days or by the end of week. Long story short I had to keep the rental an additional 9 days after the first 14 and was charged

Submitted: 9 days ago.Category: Consumer Protection Law
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Customer reply replied 9 days ago
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Customer reply replied 9 days ago
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8/6/2018
Consumer Protection Lawyer: Phillips Esq., Attorney-at-Law replied 8 days ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 22,729
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Consumer Protection Lawyer: Phillips Esq., Attorney-at-Law replied 8 days ago

I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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Customer reply replied 8 days ago
Thank you. Appreciate your response.
Consumer Protection Lawyer: Phillips Esq., Attorney-at-Law replied 8 days ago

Your Question:

I bought a car from my mechanic in January. Verbal agreement for $2000 for 2003 Infiniti I35. I paid him $1125 and $125 per month. To date have paid $1900. The car has a title loan on it. Last month he tells me since I didn't pay him $2000 up front I'm responsible for the remainder on the loan. I'm not paying anything. What can I do legally to get the title?

Response: The Mechanic is trying to pull a fast one here. The agreement was for you to pay $2,000.00 and not to pay off the loan on the car.

Unfortunately, you would need to file lawsuit against the Mechanic at the Courthouse in the County where the Mechanic is located or at your Courthouse to force him to pay off the title loan and then transfer title to you. You can obtain complaint forms online on the Court's website or in the Clerk's Office. Click here to locate your Courthouse.

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Thank you for your cooperation.

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Customer reply replied 8 days ago
I went to small claims and even went to state court today. They both said I would have to sue for monetary value not personal property and told me to contact a lawyer and gave me legal aid number.
Consumer Protection Lawyer: Phillips Esq., Attorney-at-Law replied 8 days ago

I would have thought the opposite. You would be suing to force him to pay off the loan and to get the title. If the situation were reversed, he would be suing you for the monetary value. In any event, if the Clerk's office has already spoken on the proper procedures, then you would have to sue him for the amount of the title loan. If the title loan is within the Small Claims Court jurisdictional amount, you can file the lawsuit in the Magistrate Court. This is actually a simpler process than suing for the title.

What is the amount of the title loan?

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Customer reply replied 8 days ago
The title loan is one of those that is regulated by the state so they charge a flat rate and they go off your credit before they loan. I willing to bet he will pay it off because he doesn't want it on his credit and he uses them al the time. If I have to I will pay it. My main concern is getting the title and I'm also worried what will happen if he tries to get the car because it is registered to him. I can prove I have been paying him because I have all the money order receipts.
Consumer Protection Lawyer: Phillips Esq., Attorney-at-Law replied 8 days ago

Thank you for the information.

This is why I initially suggested that you file the lawsuit to force him to pay off the title loan and also to give you title to the car. Small Claims Courts only deal with monetary claims. So, you need to go back to Court and file in the regular Session (not Small Claim Session).

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Customer reply replied 8 days ago
Ok that's what I'll do.
Consumer Protection Lawyer: Phillips Esq., Attorney-at-Law replied 8 days ago

Let me know how you made out.

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Customer reply replied 8 days ago
Will do.
Consumer Protection Lawyer: Phillips Esq., Attorney-at-Law replied 8 days ago

Okay.

No further response necessary until you have an update.

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