Zigner
Senior Member, Non-Attorney
In light of your acknowledgment, I will also back up a bit and defer to Carl's knowledge. This may be a criminal matter, as well as civil.
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Stolen Car??
- Thread starter nickg1988
- Start date
Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills Please click a topic or scroll down for more.
Zigner
Senior Member, Non-Attorney
Right back at ya
justalayman
Senior Member
Ok, it's time for one of my real life situations to give a bit of perspective.
Granted it was a different state and the laws are a bit different from Texas but ...
Worked at a motorcycle dealership. Guy came in. Took a bike on a test drive.
Long story short: 2 months later he still had not returned the bike and the cops said all they could do if they found him was tell him the dealership wanted the bike back and AFTER that point a refusal could be ruled as a criminal act. Up to that point, since they did not put a time limit on the test drive there was nothing they could do.
I see very little difference here. Until such time op conveys to her he is withdrawing permission, she has permission to use the car. Granted it is limited to looking for a job but realistically as long as she is looking for a job overall anything she does could be construed as looking forms job. Going to the store? Checking to see if they are hiring while there.
Going to a friends house? Networking
And if she has a job? Oh well, it's hers until she saves enough money to buy her own just like the op told her.
Granted it was a different state and the laws are a bit different from Texas but ...
Worked at a motorcycle dealership. Guy came in. Took a bike on a test drive.
Long story short: 2 months later he still had not returned the bike and the cops said all they could do if they found him was tell him the dealership wanted the bike back and AFTER that point a refusal could be ruled as a criminal act. Up to that point, since they did not put a time limit on the test drive there was nothing they could do.
I see very little difference here. Until such time op conveys to her he is withdrawing permission, she has permission to use the car. Granted it is limited to looking for a job but realistically as long as she is looking for a job overall anything she does could be construed as looking forms job. Going to the store? Checking to see if they are hiring while there.
Going to a friends house? Networking
And if she has a job? Oh well, it's hers until she saves enough money to buy her own just like the op told her.
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Texas Penal Code indicates that the state does have an "UNLAWFUL USE" law regarding motorized vehicles.
At the least, the OP should contact local law enforcement and request a report be filed.
I'm guessing at this point, the OP doesn't really give a flying flip about where the female is, as long as he gets his car back (evidence seems to indicate that she is DONE with the relationship)
At the least, the OP should contact local law enforcement and request a report be filed.
I'm guessing at this point, the OP doesn't really give a flying flip about where the female is, as long as he gets his car back (evidence seems to indicate that she is DONE with the relationship)
CdwJava
Senior Member
If TX considers this theft by conversion, so be it. Here, it would likely be embezzlement and we could enter it into SVS only after (a) a warrant is issued for the arrest of the suspect, or, (b) a reasonable period of time has passed after it was due back (off-hand, I believe that is 10 days). TX law may be different on the subject.
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