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car theft???

Discussion in 'Small Claims & Municipal Court' started by lemaster, Jun 24, 2015.

  1. lemaster

    lemaster Law Topic Starter New Member

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    I bought a car and then went to work--while I was at work my girlfriend went and titled the car in her name--we got in a fight about it and broke up and she says shes keeping the car --is there anything I can do about it.
     
  2. ElleMD

    ElleMD Well-Known Member

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    You can sue her for it. you might also talk to the MVA/DMV and see if there is recourse through them.
     
  3. Betty3

    Betty3 Super Moderator

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    Did you notify the DMV about this & ask them if there was anything you can do to get the car titled in your name?
     
  4. lemaster

    lemaster Law Topic Starter New Member

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    No I haven't done anything yet---should I also Call the police???
     
  5. lemaster

    lemaster Law Topic Starter New Member

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    no I havn't done anything yet ---should I also call the police or just take her to small claims court?
     
  6. CdwJava

    CdwJava Moderator

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    Why? This is not auto theft - this is a civil matter. The police will not get involved.

    Gather your receipts, proof that she owes you for the car, and follow the procedures to take her to Small Claims Court. Note that the law might require you make a formal claim to her, first, so you might want to check with the local court on the specific process for taking a case to Small Claims Court.
     
  7. lemaster

    lemaster Law Topic Starter New Member

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    what proof would there be that she owes me for the car ---there was never a agreement that she would get or buy the car from me ---she just took the title while I was at work and put it in her name---i only have proof that my mom took money from her account for a car for me and a receipt in my name.
     
  8. ElleMD

    ElleMD Well-Known Member

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    You can ask the seller to serve as a witness that you were indeed the one who made the purchase, did the test drive, picked up the car, etc. If Mom is the one who actually paid for the car, then she can explain she bought it and intended it as a gift for you. The receipt in your name helps. I'm curious how she titled it in her name as one can not just walk into the DMV and title any car at random in their own name.
     
  9. lemaster

    lemaster Law Topic Starter New Member

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    the guy I bought the car from signed the title---so it was just like a open title because I had not signed my name on it yet as the buyer--should have known better--we had only been together for a few months -so there is no way I would have been buying her a car.
     
  10. ElleMD

    ElleMD Well-Known Member

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    If she signed it and presented it properly to the DMV, there probably isn't going to be an avenue there. As you found, signing the title immediately is advisable. Does she even have insurance on the vehicle?
     
  11. CdwJava

    CdwJava Moderator

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    Did she make any payments to you for the car? If not, then your case gets more difficult as she may have a stronger claim that it was a gift. No contract in writing, no witnesses to a verbal agreement, and no history of making payments for the car ... sounds like a gift to me.

    Are you still paying on the car, or is it paid for? If it is paid for and there is no loan outstanding, you may have to simply write this off and let her sink or swim on her own. If you are only paying for insurance, you may want to tell her that the insurance will be cancelled in 30 days (or whatever) and she's on her own.
     
  12. army judge

    army judge Super Moderator

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    If you bought the car using her as your shield to avoid the a legal punishment or sanction, that's called "dirty hands".
    You can't break the law, and then use the law to help you break the law.

    Guy buys dope.
    Guy uses dope,
    Guy discovers dope is fake dope.
    Guy calls cops.
    Guy tells cops that he was ripped off.
    Cops ask how.
    Guy says, dope was fake.
    Cops say, sorry, Guy, we can't help you.

    DIRTY HANDS. CLEAN HANDS, TOO.

    http://definitions.uslegal.com/d/dirty-hands-doctrine/

    https://en.wikipedia.org/wiki/Clean_hands
     
    Last edited: Jun 25, 2015
  13. lemaster

    lemaster Law Topic Starter New Member

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    hi I am his mom--No I did not need her for anything --i am legal---i [his mom ]bought the car for my son --the receipt is in my name --i have bank statment where I withdrew the money for it and a text from her saying" I did not buy a car for her". My son picked up the car for me in a different town and they took it to her house while he went to work. after work I was going to title it--but she got ahold of the title while he was at work and titled it in her name. I[his mom] was never going to sell her the car or title it in her name--it was to go to my son to drive in our business--and the money came from our business account which I am the primary on.My son is not on the account.
     
    Last edited: Jun 26, 2015
  14. lemaster

    lemaster Law Topic Starter New Member

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    hi--Im his mom--I was never going to sell her the car and I have a text from her saying--I did not buy a car for her" --so it was not a gift. -the car was to go to my son to drive in our business and the money came out of our business account which I am primary on. My son is not on the account.
     
    Last edited: Jun 26, 2015
  15. lemaster

    lemaster Law Topic Starter New Member

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    and I do have witnesses to the fact that I was buying the car for my son to have for our business.--3- witnesses.
     
  16. CdwJava

    CdwJava Moderator

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    Then gather your witnesses and evidence and file in Small Claims.
     
  17. Betty3

    Betty3 Super Moderator

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    You can sue for up to $10,000 in small claims court in Illinois. That seems to be your only option to try.
     
  18. Betty3

    Betty3 Super Moderator

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