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Stolen or Repo'd

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carla28s

Member
California.

I bought my daughter's fathers car in 2001. He was killed in a car accident. I bought the car for 4000, well agreed to make the payments when possible. The stepmon secretely offers to loan me 2000 not letting the husband know for whatever reasons. I paid off 1300 of 4000 but by this time the stepmom decides to sue me. I missed the court dates etc. for different reasons and lost the case. She sued me for the 2000 she loaned me, not for the car. The stepmom and grandfather seperate.
One day my car is missing from the parking lot of the families business shop. I went to the police station to file a stolen car report but because I never transfered the title into my name she transfered the title into her name. The original ps which i have was in the grandfather's name so basically she forged his name. Eventhough she won the case, was she able to take the car from me? I would of paid the remaining balance if I had a choice. Is this legal? I understand I lost the case for 2000, but not the car. Wouldn't she have to serve something to me to give me my options on how to pay it off? Can I sue her?
 


JETX

Senior Member
Wow, talk about a confusing post!!!

In any case, there is only ONE important fact in all that..... "she transfered the title into her name."
If the vehicle is titled to her... she has the right to possession and control of HER property. As such, the vehicle was neither stolen nor repossessed.
 

carla28s

Member
I'd like to sue her

now that she forged the pink slip, yes it is considered her vehicle, but what about the money I did pay off to her? Did she have the right to come and get the car without trying to arrange payments of some kind? She did take me to court and said the car was in my possesion so would that stand in court she stole and illegaly forged over the pink slip considering I had the original pink slip from the beginning of this whole deal? Can I sue her for selling a car that actually belonged to my daughter? Thank you for your replies and help.
 

JETX

Senior Member
carla28s said:
now that she forged the pink slip, yes it is considered her vehicle, but what about the money I did pay off to her?
*** Can you PROVE that she forged the registration?? If so, file criminal and civil actions against her.

Did she have the right to come and get the car without trying to arrange payments of some kind?
*** Yep. If the car is in HER name, she has the legal right to possession.
 

carla28s

Member
can I sue her?

can I sue her for selling a car that belonged to my daughter. This car belonged to her (my daughter) father who was killed?
 

JETX

Senior Member
carla28s said:
can I sue her for selling a car that belonged to my daughter. This car belonged to her (my daughter) father who was killed?
Lets try this again.... if the title is NOT in your daughters name, it is not her car (at least in the eyes of the law).

If she wants to try to challenge the title and ownership, she needs to do that by contacting the DMV. If they refuse, her only other recourse is the courts.
Until such time as that title shows HER name.... she has no legal standing in the issue of ownership, possession, or sale.
 

carla28s

Member
daughter is a minor

california

My daughter is a minor. Can I sue for her selling me the car in the first place that actually would of belonged to my daughter, her (my daughter) being the next of kin?
 

JETX

Senior Member
carla28s said:
My daughter is a minor. Can I sue for her selling me the car in the first place that actually would of belonged to my daughter, her (my daughter) being the next of kin?
Way, way too confusing!!
 

Happy Trails

Senior Member
carla28s said:
california

My daughter is a minor. Can I sue for her selling me the car in the first place that actually would of belonged to my daughter, her (my daughter) being the next of kin?

**O.k. Feeling like myself again, maybe we can figure it out.

**Your daughter's father was killed. So you think she should have inherited his possessions. Did he have a will? Why did the stepmom have possession of the car that belonged to the deceased?

**I'll just start there for now, in case I'm wrong.
 

carla28s

Member
stepmom info.

california

No he didn't have a will. I thought that if someone dies and there being no will, the property would go to the next of kin. Is this true? Im sorry this is so confusing, I'll try to make things a little more clear this time. After gabriel died his father transfered the car into his name. The title was never in the stepmom's name up until now.
 

carla28s

Member
thank you for your help

california

Thank you for all you help and once again sorry for being so confusing. This is just overwhelming alltogether for me so its just a little difficult for me to explain my situation. I like this site alot and I thank you again.
 
H

headcase

Guest
"I paid off 1300 of 4000 but by this time the stepmom decides to sue me"............ Do you have a receipt for the 1300 you have already paid her? If so does the receipt say what payment was for?
 

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