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Metzger v. Americredit Financial Services, Inc.

615 S.E.2d 120 (Ga. App. 2005)

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Metzger v. Americredit Financial Services, Inc.

Court of Appeals of Georgia

615 S.E.2d 120 (Ga. App. 2005)

Facts

In 1998, James Strong bought a car in New York. Americredit Financial Services, Inc. (Americredit) (defendant) financed the purchase and took a security interest. Americredit perfected its interest, and the lien was noted on the certificate of title. Strong moved to Georgia and submitted the title, application, and fee to the Georgia Department of Motor Vehicles (DMV), which erroneously issued a certificate of title without any indication of Americredit’s interest. The car was sold several times before Theresa Metzger (plaintiff) bought it from a used car lot in 2002. Americredit repossessed the car. Metzger sued Americredit in the Superior Court of Clayton County for conversion and other claims. Metzger moved for partial summary judgment on the conversion claim, which was denied. Americredit made a cross motion for summary judgment, which was granted on the conversion count. The trial court concluded that the conversion claim could not stand, because Americredit had a perfected security interest. Metzger appealed to the Court of Appeals of Georgia.

Rule of Law

Issue

Holding and Reasoning (Bernes, J.)

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