Do we have claim to a car that was literally stolen via NSF check?

[themendous]

Jurisdiction

New Jersey

Noting that the car was taken and then re-titled, but the check bounced, Do we still have claim to the car?

Back in 1993, my wife (then single) sold her car. The check bounced (NSF), and the police put out a warrant for arrest on the buyer. Police would visit his place of employment to serve on the warrant, but after several unsuccessful attempts, I guess stopped trying, I guess my wife (then single) was relying on the police to follow up, but nothing had ever happened. Time went by and she had always lamented the stolen car. I had always asked her to find the information on it, so that we could follow up. finally she was able to find the information (arrest warrant, NSF check copy and name of the person who basically stole the vehicle) I did some internet research and found that the car is still registered in Bergen County NJ. Does my wife still have a claim to the car, and if so, how does she go about recouping it?

 

[mightymoose]

No. It is waaaaaaaaaaaaaay too long to even think about getting the car.
She pretty much lost claim to the car when she signed over the title. She could have waited for the check to clear before signing it over. Hard lesson learned.

It is also too far in the past to think of a civil action over the bad check.

Leave this unfortunate matter in the past where it belongs.

 

[adjusterjack]

the person who basically stole the vehicle

No, the person didn't steal the vehicle.

Your wife gave it to him.

 

[mightymoose]

Well.... It could be considered stolen if it was theft by fraud, if NJ has such a statute. Who knows what offense the warrant was issued for.
Still, time puts it all to rest.

Hmm... Do you know if the warrant was ever served over the years? If not, if the guy is ever found and arrested, there is a chance for restitution. For all we know the person is no longer alive though, so I wouldn't count on anything ever happening.

 

[zddoodah]

Just so I understand the story...

In 1993 -- a full quarter century ago -- your wife sold a car to someone who paid with an NSF check. You mentioned that "the car was . . . re-titled," so I assume that means your wife signed over the title to the buyer. Is that about the long and the short of it?

Does my wife still have a claim to the car

No. Had she acted promptly, she could have sued the buyer for the amount of the bad check (and probably additional damages on top of that). It's possible that, as an alternative, she could have sought to rescind the sale and get the car back. However, any applicable statute of limitations has long since expired.

If this is seriously still bothering her after all this time, then she might want to think about seeking help from a mental health professional.