Are my Georgia theft by deception charges legal? 2 Answers as of March 04, 2011

How can I be brought up on theft by deception charges for requesting my vehicle back from someone that said they could no longer pay on the vehicle? There is no written contract for the takeover of the car note and the vehicle, tag and insurance are still in my name.

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Because the title, tag and insurance are all in your name, the person who was in possession of the vehicle stole the vehicle, correct? You filed a police report, indicating that your vehicle was stolen, correct? No? That is because the person that was driving the vehicle did not steal the vehicle. You gave him the vehicle to drive. why would you give another person your vehicle to drive? Because they are paying on the vehicle. So, the person to whom you sold the vehicle is driving around on a vehicle that is still in your name. This is the only logical conclusion. So, the person responsible for paying you does not need a contract, you have an oral contract, demonstrated by the person having physical custody of your vehicle. Now, here is the problem: Because you and the person are dealing with tough economic times, you have these crazy arrangements. She cannot fulfill her part, so you take back the car. Are you authorized to take back the car? Not according to the verbal agreement. And there is no written agreement. SO, yes you can be charged with theft by deception when you use self-help to recover the vehicle in your name which you sold without any paperwork. I wish you the best of luck.
Answer Applies to: Georgia
Replied: 3/4/2011
Goolsby Law Office
Goolsby Law Office | Richard Goolsby
We are the Goolsby Law Firm, LLC located in Augusta, Georgia. It sounds like you really need to retain an experienced criminal lawyer in your community to advise you as to your rights and options, including possibly going to trial to establish your innocence. Good luck!
Answer Applies to: Georgia
Replied: 3/4/2011
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