Used Car Dealer has illegally placed lien on car

[saabstory]

__PROBLEM WITH USED CAR DEALER PLACING LIEN ON CAR ILLEGALLY__

paid $3500 cash

in addition, i agreed to write 2 checks for $500 each – one post-dated December 1, 2007, and the other post-dated January 1, 2008

this resulted in a total sale price of $4500

as a matter of prudence, i took car to independent mechanic to check it out – and returned to dealership with estimate to fix what was found in need of repair

independent mechanic indicated car in desperate need of brake job as well as new transmission mounts. dealer agreed to make repairs as part of the transaction. these details were stipulated in writing on the buyers guide, which GA LAW requires as part of the transaction documentation. additional language was included on bill of sale.

dealer asked me to allow them 2 days to get brakes fixed, then give them a couple of weeks to acquire new SAAB transmission mounts. we agreed.

was told, explicitly by the owner, they would be using SAAB OEM brake pads

additionally told that faulty brakes were a safety issue and that ALL safety issues we fixed at their cost, BEFORE new owner takes delivery

was told i could come to pick up car after brakes were fixed and they'd call when transmission mounts arrived

upon notification, i returned to pick up car, drove for one evening – brake fluid reservoir completely empty next morning in driveway – no fluid on ground - brake pedal went all the way to floor.

returned car to dealer and informed them of the problem. they indicated they couldn't figure out problem, but said the lack of braking must be due to lack of fluid – so they topped it up with fluid

car still not braking properly next day, extremely scary, reservoir empty again. Took it back to dealer again.

per dealer's request i left car overnight for them to remedy

next day, i was told they'd fixed it by replacing master cylinder and that the fluid had been leaking into the booster

took car home – still had problems - lots of grinding, smoking and scary braking.

took it back the next day and insisted they fix brakes and this was the last chance they would have

came back 2 days later, they said "not only did they fix brakes, but also put in the new transmission mounts."

tested car, brakes still smoked and made noise and did not brake safely at all

got into heated discussion with service manager

he and salesperson began yelling at me.

owner came over told me to leave

service manager said "take that piece of s**t car with you"

as we were waiting it pull out, owner came running up to my car, opened door and told me to get out – he had 5 other guys with him

he said, and I quote, "get out of the car so I will smash in your teeth and shove them up your a**"

I said "do you really think that is a smart thing to say, do you really want to go to jail?

I closed door and we left​

we went directly to SAAB dealership next day and was told the following:

non-saab brake pads had been recently installed

rotors were recently machined well below SAAB specifications

brake fluid in booster

brakes are very unsafe

only one transmission mount was replaced, and it was replaced with a used part.

est to fix brakes $705

est to replace transmission mounts $750

cost for SAAB to evaluate and determine problems $105

it was then that i stopped payment on the 2 checks knowing i would have to spend at least $1000 to make car safe to drive.

i made an appt as soon as available and had the estimated repairs completed which i had no choice but to pay for out of my pocket.

i never signed any documents regarding a lien, security interest or other financial or transactional instrument other than cash purchase of car. i never received any notice or paperwork detailing lender/borrower terms or similar language. since the checks were officially stop payment" status, the laws protecting the payee as "pay on demand" are not valid.

dealer placed lien on the title 11/20/2007- the first post-dated check was due December 1, 2007 - they had planned this all along.

i have never received the title, notification of a lien, notification of security interest perfection

march 13, 2010 - the Saab was involved in a motor vehicle accident and was declared a total loss. the insurance company liable for the accident, since it was not my fault, will be paying me for the value agreed upon as a settlement. they want the title naturally.

so, here i sit with my totalled Saab in my driveway, needing to go to doctor appointments for injuries related to the 3/13/10 accident and no way to conclude the settlement without losing $1000 to the dealership. i believe i should actually be entitled to much more than $1000 since i paid more than that for the repairs they'd contracted to complete, in addition to being harassed by a repossession agency about 18 months ago. they were illegally attempting to repossess the car. i had my attorney issue a cease and desist order and they went away.

$1000 means a lot to me. i am disabled and hav very limited income. i was never notified that a lien had been placed on the car, and actually never contacted by the dealership ever again other than a certified letter requesting i reimburse them for the 2 checks that i stopped payment on. at the time it didn't occur to me that i should have the title by then.​

 

[army judge]

Stopping payment on checks you issued to someone can be considered a CRIMINAL OFFENSE.
That is why the lien was placed on your title.
Disability, notwithstanding, you had no grounds to do what you did.
There were other legal remedies available to you.
You owed them $1,000 on the original purchase.
What the dealer did was completely legal.
You're lucky they didn't file a criminal complaint against you.

If are unsatisfied with the $1,000 lien, file a small claims suit.
But, don't expect to collect it readily if you win.

I'd count my lucky stars that I wasn't killed in the accident, and just move on.
You have no cause of action against the dealer!

 

[mightymoose]

The dealer owes you the title and you may owe the dealer the outstanding balance.
You should have taken your issue to court long ago and you would have had a much better argument at that time.
The dealer should have done the same with you for non-payment.
If you still want the title you will have to get yourself into court to force the dealer to give it up... but expect that you may be ordered to pay money due to the lien. You can explain the issue and hope to minimize the damage, but having waited 3 years will likely hurt you.

 

[saabstory]

@army judge: thanks for the response. in georgia there is no criminal statutory provision for stopping payments on checks. also, there is no statutory provision in georgia code allowing someone to place a lien on a vehicle as a result of stopped checks. additionally, the checks were post-dated, which further deems the action as not pursuant to criminal prosecution. (see payment on demand statutes)

a security interest must be substantiated and documented when submitting a request for lien on a title. stopped checks are not considered, or acknowledged as a security interest for the purpose of placing a lien on a vehicle title in georgia.

also, a stop payment check is not considered broken contract as it was not presented as "payment on demand, present consideration" so subsequently, is in no way related to the actual purchase transaction - merely an aside agreement.

Georgia Code: Stopped payment on a check - a check that was dishonored because payment was stopped, and not because of insufficient funds, may not be prosecuted criminally.


@mightymouse: thank you for your response!

you are right, waiting 3 years is not likely going to help things. i also feel like the deal owes me reimbursement for the repair costs paid by me in order to remedy the contractual obligations made by the dealer at time of purchase. these promises were indeed documented and i still have records and documentation.

i think i will settle with the insurance company and accept the payoff less the $1000 that will be paid to the dealer, and then take them to small claims court.

i was hoping to get some non-rhetorical input here to help me further my research and develop the best possible argument.

 

[army judge]

Small claims isn't like Judge Judy.

Even if you win your case, fewer than 40% of all successful plaintiffs, ever see a dime of their judgments.

You get a piece of paper, but rarely get paid.

Small claims court is another government make the peasants feel good program. It's a great deal like useless airport security probes of 90 year old grandmothers and 2 year old toddlers!

 

[saabstory]

@army judge: so does this mean you wouldn't bother with filing suit in small claims court if you were me? what would you do?

 

[army judge]

@army judge: so does this mean you wouldn't bother with filing suit in small claims court if you were me? what would you do?

No, I wouldn't waste any more time on this.

I'd let it go and try to learn a valuable lesson.

1-Never write and issue post dated checks.

2-The law doesn't provide a remedy for every human interaction and/or dispute.

 

[airportparking]

Nice post... interesting !