Can't get my car back

[yournamenotmine]

What is the name of your state? WA
I got this car about a year and a half ago and when I did, I decided to put the car in my buddy's name because my license was suspended at the time. When he got the title he brought it to me and signed it so that I could put it in my name when I got my legal problems taken care of. Well, a year went by and the tabs expired and I got pulled over and the car got impounded because I had a warrant and when I got out of jail I went to put the car in my name to save my buddy from impoundment liability because he did me the favor and got it out of impoundment for me. Well he told me the car was at his dads home and that he had went and got the title from my house without me knowing and lost it so he signed a loss/release of interest on the car and I put the car in my name. But then when I went to get my car from his dads house, his dad told me that his son had sold him the car and he still had the title in his kids name because he never transferred it. When I told him and showed him the new title and regestration and that it was in my name and it was my car to begin with and never his kids car, he told me he wouldn't give it back to me until he got payed back the money he had given to his kid. So I went to the police and tried reporting it stolen and tried taking them with me to get it back, they told me they wouldn't take a stolen vehicle report and that there was nothing they could do about it. What are my options here? The car is in my name and I can't get it back and don't feel that I should have to pay his dad any money. I know I messed up by trusting my buddy and putting it in his name, but i feel like my car was stolen or it is stolen because his dad still has it..

 

[seniorjudge]

What is the name of your state? WA
I got this car about a year and a half ago and when I did, I decided to put the car in my buddy's name because my license was suspended at the time. When he got the title he brought it to me and signed it so that I could put it in my name when I got my legal problems taken care of. Well, a year went by and the tabs expired and I got pulled over and the car got impounded because I had a warrant and when I got out of jail I went to put the car in my name to save my buddy from impoundment liability because he did me the favor and got it out of impoundment for me. Well he told me the car was at his dads home and that he had went and got the title from my house without me knowing and lost it so he signed a loss/release of interest on the car and I put the car in my name. But then when I went to get my car from his dads house, his dad told me that his son had sold him the car and he still had the title in his kids name because he never transferred it. When I told him and showed him the new title and regestration and that it was in my name and it was my car to begin with and never his kids car, he told me he wouldn't give it back to me until he got payed back the money he had given to his kid. So I went to the police and tried reporting it stolen and tried taking them with me to get it back, they told me they wouldn't take a stolen vehicle report and that there was nothing they could do about it. What are my options here? The car is in my name and I can't get it back and don't feel that I should have to pay his dad any money. I know I messed up by trusting my buddy and putting it in his name, but i feel like my car was stolen or it is stolen because his dad still has it..

You could sue your friend in small claims court for the direct amount of damages you suffered. However, your story is pretty unbelievable so I don't know if you could get a judge to buy it.

 

[CdwJava]

The police do not get involved in civil disputes. This is a civil dispute. It sounds like the friend sold the car to his dad and THAT is where the title is. Since this is an arguable issue, the police are not going to get involved. And, pursuant to NCIC rules, they could not enter the vehicle as a stolen vehicle until AFTER a District Attorney had returned a warrant for the arrest of the person who had embezzled the vehicle. And given the circumstances here, I cannot see even a good embezzlement case.

This is what sometimes happens when you try to circumvent the law to begin with.

- Carl

 

[yournamenotmine]

cdwJava- His kid sold him the car but I have the title and registration. When I went there to get my car, his dad had the title that was at my house and it is in his kids' name still. So what he has is the old title, not even in his name, and my car. The cops ran the plates and it came back to me being the legal and registered owner. I don't understand how it could be a civil suit when if someone sold you a vehicle and claimed they lost the title and signed a loss/release of interest and you went and put the vehicle in your name but then when you went to pick the vehicle up, someone else has that lost title and whose name isn't even the name on the title, claim that if you want the car, you have to pay them money for it. Also, SeniorJudge- I don't understand,what doesn't sound believable?

 

[CdwJava]

cdwJava- His kid sold him the car but I have the title and registration. When I went there to get my car, his dad had the title that was at my house and it is in his kids' name still. So what he has is the old title, not even in his name, and my car. The cops ran the plates and it came back to me being the legal and registered owner. I don't understand how it could be a civil suit when if someone sold you a vehicle and claimed they lost the title and signed a loss/release of interest and you went and put the vehicle in your name but then when you went to pick the vehicle up, someone else has that lost title and whose name isn't even the name on the title, claim that if you want the car, you have to pay them money for it. Also, SeniorJudge- I don't understand,what doesn't sound believable?

These kinds of things happen all the time. Dad has the paper title ... for all the cops know YOU are the one who lied about the missing title and got a new one. When presented with two contradictory and plausible tales of ownership, the police generally let it stand and will not act until a judge decides who the property belongs to.

In WA auto theft requires that the person charged with stealing the car takes the vehicle without the permission of the person entitled to possession. In this scenario this cannot be clearly proven to show the intent required under the law as he has a reasonable explanation that his son sold him the car, and his son apparently had lawful possession of the vehicle. The police are not going to charge him with auto theft.

If you want the car back, you will have to go to civil court. The police CAN NOT decide who owns property - that is outside the scope of their authroity. And, sadly, it is pretty easy to get title to a car that does not belong to you. I can go into the DMV today with forged signatures and get title to any car I want. The DMV does not match signatures to anything, they merely process paperwork. So, the police cannot always rely on title - particularly new title documents - to support a claim of ownership. The original hard copy is a pretty good argument against your legal ownership.

And the cops HATE this kind of case.

- Carl

 

[yournamenotmine]

Thanks, I guess I never really looked at it like that. Here's another question, so if I were to go drive off in it, then he couldn't call it in stolen either? Or if someone was to test drive it and it ended up in my driveway, he would be in the same spot as me?

 

[CdwJava]

Thanks, I guess I never really looked at it like that. Here's another question, so if I were to go drive off in it, then he couldn't call it in stolen either? Or if someone was to test drive it and it ended up in my driveway, he would be in the same spot as me?

Possibly. But, I can't guarantee it. I don't know what the cops think of it or what they have been told. In general, I would think that he could no more charge you with theft than you could him ... but, I'd be very careful about that as you just MIGHT be able to be charged with the theft now that it is in his possession.

I'd go for the civil action first.

- Carl

 

[yournamenotmine]

Thanks I appreciate the info.

 

[Happy Trails]

I agree with Carl, you should take care of it in court first.

If the dad looks out in his yard and notices the car missing, he probably will report it stolen.

He wouldn't know it was you that took it, and he did not give you permission.

 

[yournamenotmine]

But how could he report it stolen when the car is not in his name, how are the cops to know that he was even in possesion of the car, and since I'm the legal owner and got pulled over in it, wouldn't it sound funny to say, " Well actually whoever reported my car stolen wasn't me and well I guess you can report it recovered then since I seem to have found it" How can someone who has no legal rights to the car besides being in possesion of it be able to report it stolen, I mean, he never put the car in his name, so wouldn't his kid have to be the one to report it? Alls i know is I bought the car for 4000.00 and thought that this kind of thing wouldn't happen, and since my supposed friend went to my house and took the title without me knowing, basically stole the title, now even though I am the legal owner, have the title and it's in my name, I basically have no rights to the vehicle and some chump who didn't pay a dime does.. But I do know that his dad or no one else can sell or do anything with it because it is in my name

 

[CdwJava]

But how could he report it stolen when the car is not in his name, how are the cops to know that he was even in possesion of the car,

It's easy ... if I loan my car to my neighbor, and then it suddenly disappears from his driveway, he CAN report it stolen - the cops don't have to wait for me to get back from vacation before they can take a stolen vehicle report. The same thing might happen here. You might find yourself stopped with a lot of guns trained on you until the cops can sort it out. They are NOT going to walk up to the window of the car and say, "Excuse me sir, but did you know that you are in a stolen car? Can you please explain yourself?"

Alls i know is I bought the car for 4000.00 and thought that this kind of thing wouldn't happen,

You opened the door to this whole mess when you tried to evade the rules for registration and the purchase of a vehicle.

But I do know that his dad or no one else can sell or do anything with it because it is in my name

Unless, of course, HE goes to the DMV and gets the same title you have!

- carl

 

[yournamenotmine]

Which he can't because I haven't signed any release papers and I have the legitimate title in my possesion. And I'll be sure to leave a note when I take my car or just call in and tell them that my good buddy made a mistake and didn't realize that I had returned from vacation early and needed my car back. I didn't give his dad permission to borrow my car while I was gone so his dad has no real right to ownership anyway. Hell, I guess I should just tell the cops that I bought the car from his son and when I went to pick it up the next day it was gone, somebody stole it!!

 

[CdwJava]

Which he can't because I haven't signed any release papers and I have the legitimate title in my possesion.

He also has a legitimate title in his son's name in HIS possession which may be signed by his son. You have a piece of paper that was obtained because the original title was allegedly missing. Apparently it was NOT missing ... that means that YOUR title is suspect and it could be argued it was obtained falsely. THIS is why the police aren't going to get involved.

Is the money worth a possible trip to jail? Wouldn't it be better to just go to small claims court?

- Carl

 

[gawm]

Tell the dad he needs to get the money back from his son, not you. His son had no business selling him a car he did not own. If he still refuses to give the car back take him to court. It is that simple.

 

[Happy Trails]

This link will give you an idea of the filing fees etc. If you win, the defendent will have the filing fees added to the judgment.

http://www.ojd.state.or.us/wsh/SmallClaims.htm