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Thread: Police will not allow me to report car stolen, After releasing truck to wrong person

  1. #1
    msladya is offline Junior Member
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    Police will not allow me to report car stolen, After releasing truck to wrong person

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

    Please read I know this is extreamly long But I am so lost and do not know what to do

    In August 2012, My ex boyfriend whom I had remained friends with asked me to loan him 1800.00 to purchase a truck, I agreed but only under condition that I was to hold the title until he paid me back in full. Knowing the law in Ca states you have to register vehicle within 10 days of buying it and that he would not be able to pay me back in that short amount of time, We agreed that I would go register the vehicle and get the insurance

    .The tags that were currently on the truck were valid until April 2013. Due to a family emergency I did not go down until September of 2012 to register the vehicle, At that time I could not find the title, I assumed I had packed it with other paperwork when moving. I was given a cream colored form and told I had to go to the seller and have them sign the paper.

    I went that day to the place where the man worked that sold us the truck, I explained I had lost the title and asked him to please sign the form, He signed it where it says seller and asked that I fill out the rest because he had to get back into work, I filled out the paper took it back to registration I paid all the fees and was given the new registration with my name, I was told I still had to get the smog and return with the certificate,

    3 days after I had to leave to go back out of town. My ex was going with me and the truck was parked, After we returned I mentioned to him I needed to get the truck smogged, at first he kept giving me reasons as to why it would not pass. Time went by and he was not even making a effort to pay me anything but still driving truck, Then I found out his license was suspended. A family member informed of this. Because this will be his 6th suspension and he has made no payments nor a effort to make a payment i became worried if something was to happen I would be liable it being registered to me, I told him he had 2 weeks to pay me 500.00 just to get it out of my name or I was taking the truck and selling it. He ignored all attempts for over a month. He went as far as having someone follow him to the casino and parking the truck to hide it from me, I found it I had a tow truck tow the vehicle, I showed all the paper work the casino security opened the locked gate and I took the truck,

    The next morning he was able to report the truck stolen. I made no attempt to hide the vehicle it was parked right in front of my home. I only put a club on the steering wheel and unhooked the battery. I did not think he could report it stolen its registered to me,

    After coming home 2 days after I had taken the truck I noticed it gone, I called my local police dept and they said they released it to hi. I was shocked, I said you released a vehicle to a person whom is not registered owner and has no insurance as well as a suspended license with a warrant for failure to appear,

    They told me Bell Gardens police dept allowed him to make the stolen report all they did was make sure the name matched the name of who made the report, I called Bell Gardens explained the situation to them and I was told if I touch the truck I will probably go to jail because the original owner sent a release of liability saying it was sold my boy friend's name, I said to the officer I can send in a release of liability and put the buyer as Chuck Norris and that does not mean anything, I have a registration that states R/O and my name , I have a receipt that states all fees were paid and by me, my name , I said if he goes out and hits a building or god forbid someone I am the R/O you will hold me liable I need the vehicle reported stolen instantly, He said no I can not its a civil matter, I said to a extent that part I agree so then why did you allow him to make a report? He said he had the title,,, (the one I thought I had misplaced) I instantly hung up and called D.M.V head quarters in Sacramento.

    I explained the situation , They said mam he has never even applied to have the vehicle put into his name, I called the officer back i also faxed over my registration my receipt a copy of my application for duplicate title all dated back in September, I was still told no I could not report it and it did not matter if his license is suspended. I then said the law in Ca says you have 10 days from the date of purchase to register it so if its his why didn't he do that, The officer said I have never heard of that law I think your mistaken and hung up on me.. Please someone tell me what do I do
  2. #2
    justalayman is offline Senior Member
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    , I called Bell Gardens explained the situation to them and I was told if I touch the truck I will probably go to jail because the original owner sent a release of liability saying it was sold my boy friend's name,
    so, the original owner stated he sold the truck to your boyfriend and you expect the police to believe you when you show them paperwork that you claim the original owner signed stating he sold it to you. The police don't want to get involved in the game you and friend have going on with each other. That is why they said deal with it in civil court.

    so, have you filed suit in civil court yet?



    .The tags that were currently on the truck were valid until April 2013
    No, they weren't. They were valid up to the minute the vehicle was sold to you, or your friend.

    The next morning he was able to report the truck stolen. I made no attempt to hide the vehicle it was parked right in front of my home. I only put a club on the steering wheel and unhooked the battery. I did not think he could report it stolen its registered to me,
    what matters is who the vehicle is titled to so, who is the vehicle titled to?
  3. #3
    msladya is offline Junior Member
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    No

    The original owner did not state anything to anyone, Unless you are referring to the release of liability. On the release that release of liability he did put my friends name, But again you can write any name you choose. If you read what I wrote, I had to take a bill of sale form back to the original owner and have him sign it when I could not locate the title, The original owner signed the bill of sale. I turned it in which is why they gave me the registration in my name. I understand the police do not want to be involved that is why I can not understand why they allowed him to make the stolen vehicle report and then released the vehicle to him. The fact remains, I have a signed contract between me and the friend, I have every right to repossess the truck if he defaults on payments and that is what he did. The truck was purchased in August this is now December and yet he still has made no attempt to even try to put the vehicle in his name ever.
  4. #4
    msladya is offline Junior Member
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    Who it is titled to

    The friend is currently in possession of the title because he obviously took it from me, He has never had the title put into his name, I filed for lost title the same day I had the registration put into my name. It states that on the registration. It was all done as one transaction and once smog was done would be submitted. All the fees are paid in full
  5. #5
    msladya is offline Junior Member
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    Basically

    Basically the friend was just going to leave it as is since it had tags that were not expired, He never attempted to make any claim to the vehicle until I took it. The transfer and registration all together cost me 300.00 and even now that the police gave it back to him, One would think he would have went straight to DMV. No he has not ,
  6. #6
    msladya is offline Junior Member
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    I also had a past due noticeof a parking citation

    He received a parking citation and that was mailed to my house to my name
  7. #7
    CdwJava is online now Senior Member
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    At this point, the vehicle is not stolen. This is now a civil matter, and not a matter of a stolen vehicle.

    Yes, someone erred if they turned the car over to him without some sort of proof that he was either a registered or legal owner, or acting as your agent. But, if the registration indicates that there is a release of liability in his name, then they would likely release it to him. Likewise if he was in possession of a signed title document.

    Is his name indicated anywhere on the paperwork? Could he have added the release of liability after you obtained your paperwork? You might want to find out what he DMV paperwork says right now.

    And if he has the physical title, that could cause you a lot of headaches.

    If you are afraid of liability, and there is little to no chance of him ever paying you, you might want to just give him the vehicle and submit the paperwork releasing yourself from all liability and responsibility for the vehicle.
    A Nor Cal Cop Sergeant

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    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  8. #8
    justalayman is offline Senior Member
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    Quote Originally Posted by msladya View Post
    The fact remains, I have a signed contract between me and the friend, I have every right to repossess the truck if he defaults on payments and that is what he did. .
    there you go. He has a contract stating he has a right to possess the vehicle. Since a breach of contract is not a criminal issue, his failure to pay for the vehicle allows you to sue in civil court but it creates no criminal action on his part. In contrast, since you did give him the right of possession, he has proof of his right to possess the vehicle and if taken from him without court intervention, the vehicle was taken from him without legal authorization.

    If you are not being charged with vehicle theft, then his argument it was stolen was not considered to be criminal but merely his proof to possess the vehicle outweighed yours and as such, he was allowed to take the vehicle.

    Either sue him in civil court or do as Carl suggested to divest yourself of the vehicle. That is what your rights afford you.
  9. #9
    Zigner is offline Senior Member
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    Quote Originally Posted by justalayman View Post
    No, they weren't. They were valid up to the minute the vehicle was sold to you, or your friend.
    (The following does not change anything that the OP was told - I'm just posting as a minor correction.)

    In CA, the "tags" are still valid. The "tags" actually refer to the little stickers on the plate, not the plate itself.
  10. #10
    justalayman is offline Senior Member
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    Quote Originally Posted by Zigner View Post
    (The following does not change anything that the OP was told - I'm just posting as a minor correction.)

    In CA, the "tags" are still valid. The "tags" actually refer to the little stickers on the plate, not the plate itself.
    are not the "tags" simply a date applied to the plate to show current registration of the plate to the listed vehicle (hopefully the vehicle is it currently attached to)?
  11. #11
    FlyingRon is offline Senior Member
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    Tags are without legal meaning in California. The metal things are plates. The things that indicate the registration date are called "stickers."
    The state hasn't officially used 'tags" since the thirties or so. People colloquially will call the plates tags.
    Zigner likes this.
  12. #12
    Zigner is offline Senior Member
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    Quote Originally Posted by FlyingRon View Post
    People colloquially will call the plates tags.
    ...or the stickers
  13. #13
    msladya is offline Junior Member
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    He has no contract i do

    He has no contract i do, signed by him stating if he falls behind on one single payment I have the right to take possession of the vehicle and I was even nice enough to say in the contract if at anytime I took possession of the vehicle for non payment , I would sale the vehicle for its value in full and that any remaining money minus amount owed to me I would give to him. So if he owed me say 500 and i sold it for 1000 I would give him the remaining 500. and the Ca DMV website states the following


    Notice of Transfer and Release of Liability

    Welcome to the DMV Online Notice of Transfer and Release of Liability (NRL) System.

    Reporting the sale or transfer of a vehicle or vessel to the department does not constitute a transfer of ownership. The record is not permanently transferred out of your name until the department receives a completed application for transfer of ownership and payment of appropriate fees from the new owner.

    The vehicle record for International Registration Program (IRP) vehicles with IRP license plate number configurations may be submitted, however, the vehicle record for that license number will not be updated.

    When this form is properly completed and the information is recorded by DMV, liability for parking and/or traffic violations and civil litigation resulting from operation after the date of sale becomes the responsibility of the new buyer.

    .... Which I take as any physical damage he may cause I could be held liable.

    As I assure you if you finance your car through a bank and they reposses it for non payment , you then go steal it back I assure you that would be considered theft.

    Thank you all for your help and input I will file suit first thing monday morning as the point alone I know he has the money he just chooses to not pay because he is under the impression most likley due to fault of my own that he can not pay and it will not do him no harm no foul. But I am a honest law abiding citizen and I work hard for my money just like most others, But as was suggested above it may be best to just chalk it up to lesson learned and do whatever needed to get me off the veehicle and not liable, Based on his license being suspended now for the 6th time he has no plates on the vehicle cause I have them, I figure it may not be a bad thing if he gets pulled over and they impound it at least then I know where its at
  14. #14
    Zigner is offline Senior Member
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    Quote Originally Posted by msladya View Post
    He has no contract i do, signed by him stating if he falls behind on one single payment I have the right to take possession of the vehicle...
    Psstt - that is a contract.

    And that is what makes it a civil matter, not a criminal matter.

    ETA: In fact, it seems to me that the "crimes" that may have occurred in this matter are on your end with your fraudulent submission of registration documents.
  15. #15
    msladya is offline Junior Member
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    Wait a minute, how

    Please point out where at any time i submitted fraudulent registration papers. I think your clearly not reading this correctly or maybe the blame is on me for not explaining it correctly...

    Before me and the friend ever went to make the purchase the agreement was it was to be registered in my name,
    which is exactly why i had all the paperwork,

    when it came time for me to go register it and i could not find the original paperwork i returned to the seller and he again signed a bill of sale and handed it to me. I took the paperwork to dmv and registered the vehicle i paid the fees in full.

    I did not forge the sellers signature he signed and dated it as well as wrote down his sta id number. So please again tell me where there is any fraud in any of that.

    It has been 4 months and not one attempt made to have it registered other than by me, so i guess it would have been best to not follow california state law that says you have 10 days to register after purchasing a vehicle. Next time i will be sure to keep that in mind.

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