Who owns it?

[AlanF@ddgroup]

What is the name of your state (only U.S. law)? Colorado...

Court reached judgement on a case were a Law Enforcement official wrongfully sold a town's truck. He had put in his name then turned around and sold it. Thus leading to a title change once again. The Judge ordered the official to pay restitution for the amount he sold the truck for and is to be paid to the individual who had bought the truck off of him. However nothing was mentioned about who the truck would go to or a title name change. Can the city take possession of the truck?

 

[quincy]

What is the name of your state (only U.S. law)? Colorado...

Court reached judgement on a case were a Law Enforcement official wrongfully sold a town's truck. He had put in his name then turned around and sold it. Thus leading to a title change once again. The Judge ordered the official to pay restitution for the amount he sold the truck for and is to be paid to the individual who had bought the truck off of him. However nothing was mentioned about who the truck would go to or a title name change. Can the city take possession of the truck?

How was the official able to get the title to the vehicle changed?

The truck should go back to the original owner.

 

[justalayman]

Since the last purchaser was being repaid his purchase price it would have to be based on the city reclaiming the vehicle. He will not be allowed to keep the truck and be refunded his purchase price as well. Since the seller had no legal claim to the vehicle it would not be returned to him.

 

[AlanF@ddgroup]

How was the official able to get the title to the vehicle changed?

The truck should go back to the original owner.

Well the truck was donated from another agency and I don't believe it was ever put in the town's name. He had the title and changed it over into his name. Then he sold the truck to my security firm. So the title is now in our name. The court did not say anything about the truck. Just that he must pay restitution back to us when he took a plea deal. Everybody we have spoke to says the town does not have right to the truck because the court did not order a title change or anything. We want the truck not the money and offers to give the town the money as met resistance. They want to strip and put it up for silent auction. We had the truck for six months and it as our decal package and some other up grades. It will all be stripped if it goes to auction.

 

[justalayman]

Well the truck was donated from another agency and I don't believe it was ever put in the town's name. He had the title and changed it over into his name. Then he sold the truck to my security firm. So the title is now in our name. The court did not say anything about the truck. Just that he must pay restitution back to us when he took a plea deal. Everybody we have spoke to says the town does not have right to the truck because the court did not order a title change or anything. We want the truck not the money and offers to give the town the money as met resistance. They want to strip and put it up for silent auction. We had the truck for six months and it as our decal package and some other up grades. It will all be stripped if it goes to auction.

they may be legally required to put the truck up for auction but again:


you are not entitled to the money and to keep the truck. That is inequity at its best. It's one or the other but you don't have the choice of which.


the court didn't have to say the town gets the truck back. The sale was not valid because the guy didn't own it and could not legally sell it to you. Since you will be repaid your money, you have no claim to keep the truck.

 

[latigo]

How was the official able to get the title to the vehicle changed?

The truck should go back to the original owner.

I think you mean the most recent legal owner.

 

[AlanF@ddgroup]

I think you mean the most recent legal owner.

Well we thought we were buying a legitamently owned truck....

 

[justalayman]

Well we thought we were buying a legitamently owned truck....

But you were wrong and are being repaid the money you paid to the guy that illegally appropriated the truck. Give it back to the city. Sue the guy you bought it from for your damages.

 

[quincy]

I think you mean the most recent legal owner.

Yes. That is what I meant. Thanks.

If the law enforcement official was not the legal owner, he could not legally sell the truck to Alan. Alan, therefore, would not be a legal owner, either. Alan is entitled to reimbursement but he is not entitled to the truck. The truck belongs to someone else.

 

[single317dad]

Well we thought we were buying a legitamently owned truck....

Pawn shops think that every single day. Ask them how it works when the property turns out to be stolen.