DMV fraud and car theft

[Eekamouse]

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

Have an interesting story here. A friend of mine called me today and told me that his ex-girlfriend showed up at his house with the cops and with the other guy she is seeing and took his car. He protested that it was not her car, it was his. She then said she had the pink slip and it was in her name. She showed it to the cops and they let her take his car. He went upstairs to get his pink slip to prove to the cops that it is his car and the pink slip was gone. Apparently, she had stolen it and forged his signature to it and then went to the DMV and had the new pink slip issued. My friend is stunned that this has happened.

I don't know what he's going to have to do to prove to the DMV that he never signed over the pink slip to her. What are people's thoughts on the situation? The ex-girlfriend is a scandalous creature and I am really not all that surprised that she did something like this.

 

[CdwJava]

He will likely have to start by reporting the theft to the local police. Of course, it may come down to a case of he said she stole it, and she said he gave it to her ... it may be difficult to prove!

If the police expend any significant effort in the matter, they may be able to obtain a copy of the title submitted to the DMV and compare handwriting samples. However, the delay for obtaining those documents from the DMV can be months, and DMV investigators vary on their level of cooperation and assistance. Unless the vehicle was worth many thousands of dollars, the chances are this will languish in an officer or detective's in box for a while before being filed away. Depending on the agency, there just is not the staff to investigate many property crimes these days so many of them go unsolved as a result.

How much was the car worth? (I mean REALLY worth - not what he'd like to get for it, but, how much would he likely receive on the open market ... i.e. what's the Kelley Blue Book?)

 

[davew128]

How is it that she had a key to take it? I know in that situation things would get...physical if someone tried to steal my car regardless of the number of badges there.

 

[Eekamouse]

How is it that she had a key to take it? I know in that situation things would get...physical if someone tried to steal my car regardless of the number of badges there.

Apparently, she stole the key when she stole the pink slip. The car has a non-op on it currently so he didn't miss the key. He's the one that called the cops when he looked out his window and saw the crazy ex and her new boyfriend outside with a tow truck loading the car onto the rig. My friend is at the DMV investigator's office right now telling him what has happened. I don't know how this is going to play out. I do know that this chick is a low-life and a prolific liar. I told him he should kick her to the curb months and months ago. I hate it that I was righter than I knew.

 

[Eekamouse]

He will likely have to start by reporting the theft to the local police. Of course, it may come down to a case of he said she stole it, and she said he gave it to her ... it may be difficult to prove!

If the police expend any significant effort in the matter, they may be able to obtain a copy of the title submitted to the DMV and compare handwriting samples. However, the delay for obtaining those documents from the DMV can be months, and DMV investigators vary on their level of cooperation and assistance. Unless the vehicle was worth many thousands of dollars, the chances are this will languish in an officer or detective's in box for a while before being filed away. Depending on the agency, there just is not the staff to investigate many property crimes these days so many of them go unsolved as a result.

How much was the car worth? (I mean REALLY worth - not what he'd like to get for it, but, how much would he likely receive on the open market ... i.e. what's the Kelley Blue Book?)

I'm estimating that his car is probably worth about $5,000.

 

[CdwJava]

I'm estimating that his car is probably worth about $5,000.

That is probably not likely to get the police stirred up, and small enough that any civil suit will have to be made in Small Claims Court.

The DMV Investigator MAY be able to help, but, if it comes down to a handwriting analysis, that can get dicey ... and pricey. Unless the DMV has handwriting experts on staff, it can be quite pricey to submit these things out for analysis. I do not know their policy on this, though the analysis is often inconclusive even if it might tend to lead to a conclusion that a signature is more or less likely to be the original owner's - not a definitive is or is not.

Unfortunately, I hear reports like this with some frequency. Doubly unfortunately, these cases are often dead in the water pretty quickly. Hopefully your friend's case will be different.

 

[Eekamouse]

That is probably not likely to get the police stirred up, and small enough that any civil suit will have to be made in Small Claims Court.

The DMV Investigator MAY be able to help, but, if it comes down to a handwriting analysis, that can get dicey ... and pricey. Unless the DMV has handwriting experts on staff, it can be quite pricey to submit these things out for analysis. I do not know their policy on this, though the analysis is often inconclusive even if it might tend to lead to a conclusion that a signature is more or less likely to be the original owner's - not a definitive is or is not.

Unfortunately, I hear reports like this with some frequency. Doubly unfortunately, these cases are often dead in the water pretty quickly. Hopefully your friend's case will be different.

This is depressing news. Needless to say, but I will be making sure I have all my pinks locked away from just anyone getting their paws on them.

 

[quincy]

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

... his ex-girlfriend showed up at his house with the cops and with the other guy she is seeing and took his car ... What are people's thoughts on the situation? ...

My thoughts are that this situation illustrates nicely why there is an "ex" before the "girlfriend."

I agree with CdwJava that a small claims action is apt to boil down to he said/she said, with what evidence there is to offer the court favoring the girlfriend. It would be awfully difficult for your friend to show there was not only a theft of the pink slip and the car key, but there was a subsequent forgery of the pink slip.

If the girlfriend can present herself to the court as sane, I think there could be a good chance she will be allowed to keep the car.

 

[Eekamouse]

My thoughts are that this situation illustrates nicely why there is an "ex" before the "girlfriend."

I agree with CdwJava that a small claims action is apt to boil down to he said/she said, with what evidence there is to offer the court favoring the girlfriend. It would be awfully difficult for your friend to show there was not only a theft of the pink slip and the car key, but there was a subsequent forgery of the pink slip.

If the girlfriend can present herself to the court as sane, I think there could be a good chance she will be allowed to keep the car.

Even more depressing. Short of getting a handwriting expert to verify that my friend did not sign the pink slip, he's pretty much screwed.

 

[quincy]

Even more depressing. Short of getting a handwriting expert to verify that my friend did not sign the pink slip, he's pretty much screwed.

Although $5000 is a substantial loss for your friend, I am not sure it justifies the (often high) costs of a handwriting expert.

What might be an alternative to small claims is having a lawyer draft for your friend a letter to the ex-girlfriend that threatens legal action (both civil and criminal) if the car is not returned and the pink-slip-mess she created remedied. Theft and forgery laws can be cited to further drive home the seriousness of her actions.

Depending on the sophistication of the ex-girlfriend, an attorney letter could potentially intimidate her enough to comply with the demands made. She might already be worried about possible criminal consequences.

But, yes, for the most part I think your friend is pretty much screwed.

 

[davew128]

Or...track it down and steal it back. He has a key yes? If he REALLY wants to be a Richard about it, steal it back, leave it parked illegally and when parking tickets/towing/impound comes around....well she said she bought legally.

 

[CdwJava]

Or...track it down and steal it back. He has a key yes? If he REALLY wants to be a Richard about it, steal it back, leave it parked illegally and when parking tickets/towing/impound comes around....well she said she bought legally.

Of course after she reports it as stolen, he runs the risk of a felony conviction if caught ... and, she would not generally be accountable for parking cites accumulated after it was reported stolen, sooooo ...

 

[quincy]

I once again agree with Carl.

As tempting as dave128's suggestion might be, I think it is better advised that Eekamouse's friend avoid taking any action that is likely to get him arrested and charged with a felony.