Lending

[JoeMB]

What is the name of your state? Texas

I have loaned out my vehicle to a family member on the grounds that he help pay half of the insurance and he take care of oil changes and so forth. Well this was not done so I have asked for the vehicle to be returned. He has said he would not and has hidden the vehicle.

In Texas I understand this does not constitute theft and I can only recover my vehicle by having the title and the vehicle must be in sight and then a police officer can then accompany me to retrieve the vehicle.

What are my rights to retrieve if I cannot find the vehicle?

Thank you,

At a lost.

 

[JETX]

What are my rights to retrieve if I cannot find the vehicle?

Your 'rights' are that you can sue him for your damages (the value of the vehicle at the time you allowed him to borrow it).

 

[JoeMB]

What is the name of your state? Texas

I have loaned out my vehicle to a family member on the grounds that he help pay half of the insurance and he take care of oil changes and so forth. Well this was not done so I have asked for the vehicle to be returned. He has said he would not and has hidden the vehicle.

In Texas I understand this does not constitute theft and I can only recover my vehicle by having the title and the vehicle must be in sight and then a police officer can then accompany me to retrieve the vehicle.

What are my rights to retrieve if I cannot find the vehicle?

Thank you,

At a lost.

I was told by a police oficer that if I send him a certified letter and he does not return the vehicle then I can have it reported as stolen. My question is, is this true and how much time if any after he recieves the certified letter do I have to give him to return it. And can I specify that he return it and hand over the keys to the home from where he picked it up.

Still at a lost.

 

[JETX]

I was told by a police oficer that if I send him a certified letter and he does not return the vehicle then I can have it reported as stolen. My question is, is this true and how much time if any after he recieves the certified letter do I have to give him to return it. And can I specify that he return it and hand over the keys to the home from where he picked it up.

Kind of.... go ahead and write the letter and send it. Give him 10 days to contact you and return the vehicle. If he doesn't, then go back to that officer and see if he will take the stolen vehicle report. That at least MIGHT get your vehicle back....

However, the criminal theft charge will likely NOT be accepted by the DA... or ever see a court. The simple defense to the vehicle theft charge in that case would be.. "He gave me permission to drive the vehicle".

If the amount is less than $5000, go to the small claims court in HIS county. If it is more than $5k, then talk with a local attorney as your lawsuit will be in a higher, more formal, court.

And of course, one problem with the lawsuit is.... will you be able to collect on a judgment if you 'win'??