Q: How can I recover my car after fraudulent repossession by a salesman in Georgia?
I purchased a car for $3,500 on February 4 and financed the remaining $5,000, believing I had a deal with a dealership operating under the name AutoNation. On February 20, the salesman instructed me to bring the car in for a repair, which seemed suspect. Upon arrival, he claimed the finance company had repossessed the car. However, upon contacting the finance company, they denied knowledge of any repossession. Despite initially withholding the car keys, I retrieved them, and the police were called. Before the police arrived, the salesman forcefully repossessed the car by damaging the driver's side door and taking it without consent. The police issued a felony warrant for his arrest, yet the authorities haven't been able to help me recover the car, even though they have the bill of sale and the original title. AutoNation's corporate office states they have no record of the salesman or dealership. I engaged a lawyer who sent a demand letter, but the salesman ignored it, claiming the car was damaged, and hung up when proof was requested. How can I proceed to resolve this situation and recover my car?
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A:
It seems like you are dealing with a complicated and distressing situation involving fraudulent repossession. Since the finance company denies knowledge of the repossession and you have proof of purchase with the bill of sale and title, you may have a strong case for recovering the vehicle. You should continue to work closely with your lawyer and explore legal actions such as filing a civil lawsuit against the salesman for theft and damage to the vehicle. Your lawyer can help you determine whether the salesperson is personally liable for the car's unlawful repossession.
If the police have issued a felony warrant for the salesman’s arrest, this is a criminal matter, but it may take time for authorities to act. In the meantime, you can also consider filing a complaint with the Georgia Department of Insurance and Consumer Services. This may prompt an investigation into the fraudulent actions of the salesman and the dealership, even if AutoNation claims no record of the individual or dealership.
Keep detailed records of all communications, including the lawyer’s demand letter, any responses from AutoNation, and all interactions with the police. If the salesman continues to avoid paying for the damages or returning the car, your lawyer can guide you through filing a civil lawsuit for damages and recovery of your vehicle.
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