Ownership of vehicle

[Dazed and Confused]

My husband owns an older Ford truck registered and insured to him. He lent it to a friend well over a year ago. This friend payed him $1000 at the time for the use of the vehicle for an undetermined amount of time. There was nothing written on paper about the agreement the two had made, nor any money received or given.

Now, the friend has landed himself in jail for 1 year. The owner of the now vacant residence where the friend was living, called us and asked us to come get our vehicle or it would be towed away. We went to get the vehicle (which was nearly destroyed).

The friend sent a note and a business card from a detective on Friday (3/10) via a third party to my husbands job.

In a nutshell the note said that if my husband didn't return the vehicle and relenquish title, or return the money that charges would be filed for auto theft and that my husband would be arrested on Monday (3/13).

If we own and have title to this vehicle, how is this possible? What recourse do we have? Where can I find information on what determines ownership of personal property in the state of Virginia?

 

[Attorney_Replogle]

I would not put much stock into that note from the PI for various reasons. One, it came from a PI, not an attorney, or a District Attorney, or a police officer or offical. Second, that note came to you via a third party. Real strange. Third, there is nothing in writing about this arrangement. I practice only in California, however I will assume the laws in this regard are the same. So I am sure that your state requires all car and truck sales among private parties to be in writing. At least the title ("pink slip") has to be signed over to the new owner. Some states require another paper for smog certification. In this case, the title was never passed from your husband to this friend. That tends to prove your husband's version of the oral contract. That contract was in effect a vehicle loan for an indefinite time. The consideration (money) was $1,000 paid by the friend to your husband at the time of the vehicle being lent to the friend. Four, your husband may have a claim against the friend for damaging the vehicle. While there is to be expected "wear and tear" from everyday use of a vehicle, from what you say there was much more than that to this vehicle. Fifth, if your husband has maintained insurance on this vehicle during this whole period of time, then that also tends to prove his version of the contract.

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Mark B. Replogle

[This message has been edited by Attorney_Replogle (edited March 13, 2000).]

 

[Dazed and Confused]

The note that accompanied the business card was written by the third party explaing that the dective was handling the case. The detective that I mentioned is a police detective in the city that the friend lived prior to being incarcerated. Does that change anything?

 

[Attorney_Replogle]

No it doesn't change my opinion as to how you stand. At most it shoots down my first objection. Yet that is the weakest of my objections. See?

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Mark B. Replogle