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Q: Legal Question ( Answered 5 out of 5 stars,   1 Comment )
Subject: Legal Question
Category: Miscellaneous
Asked by: 211563-ga
List Price: $20.00
Posted: 17 Apr 2005 21:51 PDT
Expires: 17 May 2005 21:51 PDT
Question ID: 510675
I loaned a friend, or should I say ex friend four thousand dollars to
buy a car and took the title to the car as collateral.  He took off
and no one can find him.  I know I can sue him but that won't do any
good if no one can find him.  Can I swear out a warrent for his

Clarification of Question by 211563-ga on 18 Apr 2005 03:04 PDT
no, car in his name and I have a lien against the car.  A legal paper
filed at the court house saying he owes me money and the automobile is
collateral for the money he owes me.  Just the same as if you went to
a reputable auto dealership and bought a car and financed it.

Request for Question Clarification by richard-ga on 18 Apr 2005 03:20 PDT
Can you tell us what U.S. state you live in?

Clarification of Question by 211563-ga on 18 Apr 2005 07:06 PDT
Subject: Re: Legal Question
Answered By: richard-ga on 18 Apr 2005 08:54 PDT
Rated:5 out of 5 stars
Hello and thank you for your question.

Until I did the research I thought the answer was surely 'no' but
under the Georgia statute I'd suggest you call or visit your county
Civil and Magistrate Court and refer them to Georgia Code Section
16-9-51 (below).  There's still a good chance they'll send you away,
but it's worth a try.


Ordinarily a civil claim will not involve the criminal justice system,
and even if a crime is committed, prosecution is in the discretion of
the prosecutor rather than something the wronged individual can

But there are exceptions.  The best-known exception in Georgia allows
a bank to trigger a criminal charge when it pays out money for a bad
Bad Check Citations and Warrants
(Deposit Account Fraud) 
"A criminal action may be brought against an individual for a bad
check provided the instrument meets the requirements of O.C.G.A.
16-9-20. The person issuing the check must receive something in
exchange immediately for the check. The person?s identity must be
confirmed at the time the check is issued. The check must be stamped
account closed or insufficient funds. The check cannot be issued more
than six(6) months prior to the prosecution, and a 10-day letter must
be sent to the accused within ninety(90) days of the date of the
A fee of $10.00 is required."

The statute that gives the bank that right is
"any party who holds a worthless instrument, who complies with the
requirements of subsection (a) of this Code section, and who causes a
criminal warrant or citation to be issued...."


I give you this background because there's another Georgia statute
under which you may have similar rights:
(a) Except as provided in subsection (b) of this Code section, a
person who destroys, removes, conceals, encumbers, transfers, or
otherwise deals with property subject to a security interest with
intent to hinder enforcement of that interest shall be guilty of a
(b) A person who destroys, removes, conceals, encumbers, transfers, or
otherwise deals with property subject to a security interest with
intent to hinder enforcement of that security interest and in so doing
does damage to such property in an amount greater than $500.00 shall
be guilty of a misdemeanor of a high and aggravated nature.
(c) In a prosecution under this Code section the crime shall be
considered as having been committed in any county where any act in
furtherance of the criminal scheme was done or caused to be done."

I haven't found any indication that the Civil and Magistrate Court has
granted a warrant to an individual under this section but as I say,
it's worth your checking with the Civil and Magistrate Court in your
county.  Maybe they'll help!

Search terms used:
Georgia statutes
georgia sheriff self-help
"O.C.G.A. 16-9-20."
georgia Civil and Magistrate Court

Good luck and let us know how it goes!

Google Answers Researcher

Clarification of Answer by richard-ga on 18 Apr 2005 08:56 PDT
Sorry, my heading "CODE SECTION 19-9-51" should have been
"CODE SECTION 16-9-51"

I had it right in the text of my Answer.

211563-ga rated this answer:5 out of 5 stars and gave an additional tip of: $5.00

Subject: Re: Legal Question
From: pinkfreud-ga on 17 Apr 2005 22:10 PDT
Is the title in your name, or his? If it's in your name, I'd say that
this guy has stolen your car, and that is something that the police
can act upon.

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