Stepson stole my car after i loaned it to him

[V.m.booth88]

Nevada
I am still making monthly payments (personal sale from a gentleman in Washington.) for my PT cruiser, my stepson who is a legal adult on probation fell on hard times and was at risk of violating his probation because he had no reliable transportation to hold a job, so I decided to loan him my car. I didn't want to pay for his insurance, as I am already making monthly payments on my car, so we signed the title into his name. Looking back that was a stupid decision but since Tyler had never so much as been disrespectful towards me I trusted him and never thought twice of it.
Fast forward almost five months and our truck (and only other vehicle) has a seized engine. We tell Tyler repeatedly that we need the car and four days later he shows up screaming and yelling, trying to hit his father and causing a huge scene saying how his dad was "never there for him" as he leaves I ask him where my car is and he replies "well it's in my name so it's my car now".
Not only am I angry and hurt, but I am baffled and we are completely screwed without transportation.
In Nevada do I have a legal leg to stand on? If so how do I go about getting my car?
Also, if I called this in to probation could they help or would I be wasting my time?

 

[quincy]

How is not paying on a personal loan a violation of Tyler's probation? If it's not, you have no reason to report Tyler to his probation officer (although if Tyler assaulted his father, his father could report the assault to the police).

If Tyler is in breach of the terms of your agreement with him over the purchase of the car, however, you could file a civil action against him. Because the car's title is in Tyler's name, you might find it difficult to support a claim.

 

[PayrollHRGuy]

I don't know that Tyler is even failing to pay on a loan. Sound like you gave him the car for free when you signed it over to him.

 

[Taxing Matters]

In Nevada do I have a legal leg to stand on? If so how do I go about getting my car?
Also, if I called this in to probation could they help or would I be wasting my time?

You gave title to the car to him. That gives him legal title and makes him the owner of the car, at least as far as the state is concerned. As the title owner of the car, he can't be guilty of stealing what is his. So reporting the vehicle stolen won't do any good. You could report to his probation officer, but again it likely won't do any good as there is no theft here. What you have is a civil matter between you and the step son. Do you have a written contract with him about the car in which it is clear he has to return it to you either on demand or at some specific date? If you do you can sue him for the return of the car or for your damages for breach of the agreement. If not, that's going to make this harder. You might still be able to sue for the breach of a verbal contract here, but verbal contracts are harder to prove, especially when he has the title in his name to bolster his argument that he's the outright owner of the car.

You are certainly correct that putting the title in his name was a mistake here. Especially when dealing with a kid that is on probation as criminals tend not to make the most trustworthy sorts. You could have made that a bit better by at least putting a lien on the title giving you the right to repossess it if he broke the agreement, though even that is not ideal. Sometimes deals to save a bit of insurance backfires on you, and this is one example. It sucks that it put you in a bind, but I'm sure this is something you've learned from and won't ever repeat again, so there is some bright spot out of it.

 

[quincy]

I don't know that Tyler is even failing to pay on a loan. Sound like you gave him the car for free when you signed it over to him.

I am surprised that V.m.booth even had title to the vehicle if he was still making payments on it to a private seller.

 

[LdiJ]

Nevada
I am still making monthly payments (personal sale from a gentleman in Washington.) for my PT cruiser, my stepson who is a legal adult on probation fell on hard times and was at risk of violating his probation because he had no reliable transportation to hold a job, so I decided to loan him my car. I didn't want to pay for his insurance, as I am already making monthly payments on my car, so we signed the title into his name. Looking back that was a stupid decision but since Tyler had never so much as been disrespectful towards me I trusted him and never thought twice of it.
Fast forward almost five months and our truck (and only other vehicle) has a seized engine. We tell Tyler repeatedly that we need the car and four days later he shows up screaming and yelling, trying to hit his father and causing a huge scene saying how his dad was "never there for him" as he leaves I ask him where my car is and he replies "well it's in my name so it's my car now".
Not only am I angry and hurt, but I am baffled and we are completely screwed without transportation.
In Nevada do I have a legal leg to stand on? If so how do I go about getting my car?
Also, if I called this in to probation could they help or would I be wasting my time?

You titled the car in his name, legally its his property. You would be entirely wasting your time.

 

[LdiJ]

I am surprised that V.m.booth even had title to the vehicle if he was still making payments on it to a private seller.

That is a good point. It looks like whomever sold it to V.m.booth made a similar mistake.

 

[PayrollHRGuy]

Quick follow up since TM mentioned that reporting the car stolen would not help you. Doing so, including to the probation officer may well be a crime.

Probation Officers are part of the Department of Public Safety in Nevada.

NRS 207.280 False reporting of crimes unlawful. Every person who deliberately reports to any police officer, sheriff, district attorney, deputy sheriff, deputy district attorney or member of the Department of Public Safety that a felony or misdemeanor has been committed, which causes a law enforcement agency to conduct a criminal or internal investigation, knowing such report to be false, is guilty of a misdemeanor.

 

[Taxing Matters]

NRS 207.280 False reporting of crimes unlawful. Every person who deliberately reports to any police officer, sheriff, district attorney, deputy sheriff, deputy district attorney or member of the Department of Public Safety that a felony or misdemeanor has been committed, which causes a law enforcement agency to conduct a criminal or internal investigation, knowing such report to be false, is guilty of a misdemeanor.

However, if she provided all the relevant true facts, including that her step-son has title, she is not making a "false report." She’d mistaken that it is a crime, which the police and prosecutor would readily see and not bother investigating. False report in this context means reporting false facts that if true would be a crime. Reporting true facts to the police but simply being mistaken about it being a crime is not illegal. Citizens don't have to be experts in the law. That's why the state has police and prosecutors who are experts to sort that out.

 

[quincy]

However, if she provided all the relevant true facts, including that her step-son has title, she is not making a "false report." She’d mistaken that it is a crime, which the police and prosecutor would readily see and not bother investigating. False report in this context means reporting false facts that if true would be a crime. Reporting true facts to the police but simply being mistaken about it being a crime is not illegal. Citizens don't have to be experts in the law. That's why the state has police and prosecutors who are experts to sort that out.

It is not stolen. It was loaned and then essentially gifted by signing over the title. V.m knows this. Reporting it stolen would be a false report.


(edit to add: I misspoke and have edited this post substantially. I really did not read the original post very carefully first time through. Sorry)

 

[Taxing Matters]

It is not stolen if it was loaned. Reporting it stolen would be a false report.

I disagree. If a car is loaned but kept after the period of the loan is over, that may amount to a theft of the car. For a clear example, if you loan me your car to use over the weekend with the clear understanding it had to be returned on Tuesday and I fail to return it and show every intent of simply keeping it, I have committed a theft of the car under the laws of at least some states.

We don't really have that situation here since by giving the kid title she arguably gave the kid a gift of the car. In any event, what matters for the false reporting statute are the FACTS that the complaining party reports, not whatever conclusions or opinions the complaining party offers. So if you go in to the police and say "I think my car was stolen" and report all the true facts about what happened, that's not a false report. The cops and prosecutor can then determine from the facts provided whether there really was a theft. The complaining party does not have to be an expert in the law; he or she does not have to know what actually comprises the crime of theft. What he or she must do is provide truthful FACTS to the police for them to base their decisions on.

 

[bcr229]

In NV a vehicle title can't be transferred if there is still a lien on it. So, if the OP signed over the paper title without paying off the car and getting the lien released, then the step-son couldn't title it in his name.
https://dmvnv.com/regprivate.htm
I would suggest that OP register here and see what vehicles the state has listed under her name and whether or not the PT Cruiser is in the list. If step-son hasn't titled and registered the car in his name then I doubt he bothered with insurance either, which means he's driving around uninsured in a car still under the OP's name.
https://dmvapp.nv.gov/DMV/Application/DMVPortal/Pages/Default.aspx

 

[quincy]

In NV a vehicle title can't be transferred if there is still a lien on it. So, if the OP signed over the paper title without paying off the car and getting the lien released, then the step-son couldn't title it in his name.
https://dmvnv.com/regprivate.htm
I would suggest that OP register here and see what vehicles the state has listed under her name and whether or not the PT Cruiser is in the list. If step-son hasn't titled and registered the car in his name then I doubt he bothered with insurance either, which means he's driving around uninsured in a car still under the OP's name.
https://dmvapp.nv.gov/DMV/Application/DMVPortal/Pages/Default.aspx

I also questioned the ability to transfer title.

It is possible that V.m took out a personal loan to pay the private seller in full for the car and the private seller could have signed over the title to V.m at that time.

V.m would still have loan payments to make.

 

[bcr229]

It is possible that V.m took out a personal loan to pay the private seller in full for the car and the private seller could have signed over the title to V.m at that time.

Possible yes but why not get a secured loan with a lien against the vehicle instead, since the interest rate would likely be lower?

 

[quincy]

Possible yes but why not get a secured loan with a lien against the vehicle instead, since the interest rate would likely be lower?

Because V.mbooth was not an educated purchaser, maybe?

I don't know.

I was just guessing as to how the title could be transferred.