Why isn't my truck considered stolen

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

I wrote up an agreement stating that my friend was to make the payments on my truck and at the time the loan was fullfilled he would take ownership. This isn't a legal contract is it, because there is a lien on the vehicle? Also he's never made one payment and I asked him to please return my vehicle and he refuses. The cops say because he had my permission it is not considered stolen. How can I get my truck back when he won't tell me where it is or who has it? The agreement was never fullfilled so it's basically void and if I said he no longer has the right to drive the vehicle can't I report it stolen? I don't understand and don't know what to do?

It's not stolen. Go get your car back. If you can't get it back, sue the bad guy. (Well, the other bad guy)

Zigner said:

It's not stolen. Go get your car back. If you can't get it back, sue the bad guy. (Well, the other bad guy)

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**A: too funny.

It's not stolen. If you borrow money from a bank to buy a car then don't pay the loan, it's essentially the same thing. But it might be somewhat different in your case if you still have title in your name (he won't be able to get new plates/tags for it, for example).

In the mean time, it's your signature on the bank loan.

It's not "stolen" because you gave it to him.

While there can be a larceny based on false pretenses if you *prove* the other guy knew at the time he took it he was not going to pay, it is unlikely.

This is a civil case.

Find it and reposess it! Then if mhe takes it again it's stolen!

tranquility said:

This is a civil case.

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Is it purely a civil case?

The OP knowingly sold a vehicle he didn't own. Isn't there some type of fraud that could be applied here?

DC

debtcollector` said:

Is it purely a civil case?

The OP knowingly sold a vehicle he didn't own. Isn't there some type of fraud that could be applied here?

DC

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what do you mean he sold a vehicle he didn't own? His name was on the title. That means he owns it. A lien holder does not have an ownership interest in the property liened. The lien only serves to prevent the transfer of title without the lien holders consent. Title wasn't transferred.

Now, what he did was most likely in contrast to his loan agreement but that would be a civil matter.

debtcollector` said:

Is it purely a civil case?

The OP knowingly sold a vehicle he didn't own. Isn't there some type of fraud that could be applied here?

DC

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Millions of transactions take place every day involving people selling things they don't own. Nearly all of them are perfectly legal.

Spend a few bucks, hire a repo man and let him get it back for you.

Oh and next time you try to hide something in a divorce case I hope you get caught.

justalayman said:

Title wasn't transferred.

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For some reason I overlooked that .... working too many hours I guess... Thanks

DC