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Faked Fundraiser, paid for car, title never given up, stalked

Discussion in 'Car Sales, Dealers, Repairs, Lemon Law' started by standingstrong3030, May 16, 2021.

  1. standingstrong3030

    standingstrong3030 Law Topic Starter New Member

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    State: Colorado

    Here's the issues:
    B used my name and likeness in a fundraiser to collect donations to donate a car to me. I didn't know, I wasn't aware, but it was a sweet idea.

    Car keys handed to me at a big party, I was humiliated but tried to be gracious. It was a very generous idea and thought. I was also nervous, because car needed repairs and is an old "luxury" car... but I thought I'd give it a go. B said he was fixing it.

    Turns out B had put the car title in his name and my name and would turn it over "as soon as I'm done with the axel replacement." He said it would happen in a month.

    I started to pay for repairs, thinking he'd had over that title soon. He started to get controlling, demonstrated stalker type of behaviors, would not listen to no.

    Not much longer after that, I notified him I would not pay for more repairs. I needed the title. Car driven 600 miles, many thousands spent, including around $1,000 in checks written to him. All with the promise and understanding the car was donated to me, he would be giving me the title.

    I notified him I would not be keeping the car, and I needed the title transferred over now, no more delays. He refused. He said the car was always supposed to be a joint ownership, and he dove into stalker behavior. "I will not allow you to own any other car." "I will not allow you to sell this car." Blah. Blah. Checked with donors, they all were shocked to find out the car was still titled in his name and my name, and not my name only.

    Attempted to take car to his house with a demand letter for the signed title to transfer it to my name only, or repayment of all the money spent based on the statement that he was going to turn over the car fully to me. Instead, his wife was so possessive a neighbor called the police to report me for car theft. Police cleared me immediately, and I left.

    Gave notice to B all further contact would be considered harassment, only contact allowed would be 1.) signed title mailed to me 2.) contact with a third-party mediator to remedy car title. Made it clear he was never to come to my home ever again.

    B instead got a job where I worked, harassed me there until he was eventually fired and banned from being rehired. Still manipulated co-workers into sending things in work envelopes.

    By now, car is no longer driven, just sitting in a private spot, collecting dust and rusting. Several letters sent, and a third party told me he was still too "emotional" to resolve the car title.

    I was not eager to over car to him due to his history earlier in the year of taking the car and then giving it back to me with parts falling out, and demands for money to fix his little projects on the car. Car was not street legal either, and I was concerned for my liability in regards to what he would do with the car. Mutual friends, donors, tried to confront him into giving up the title or letting me take my name off.

    Multiple letters sent banning him from my home, my apartment complex, my workplace, where I volunteer.

    I warned B I would not pay for anything with the car, including tolls, parking tickets, impound fees. Let attornies go after him for them. He owns it. Let him face the reality of owning it.

    April 2020, B apparently freaked out because an airport toll bill was sent to him.

    Agreed with a third party to send the signed title to me. Postage paid envelope sent to him. He obtained title per Motor Vehicle records. He then claims he spoke to a police officer and "they told me I could just go pick up the car." (Again, his name and my name are on the car. title) Car was parked in a parking lot behind my apartment on clearly marked private property, where he was not allowed to be.

    While I was in a professional zoom meeting. B and his wife showed up, went behind the apartment building, where he knew he was not allowed, filmed themselves doing so, made a commotion, I looked out my back windows (which do not face the street or any public area to see who cell phones filming into my home. B and his wife with a tow truck.

    They were attempting to tow the car and everything in the car (jacket, other items.) I informed them this is private property, leave now. Numerous witnesses were upset, especially because of the filming into homes, security came and told them to leave, they refused. Police were called and also told them to leave and indicated they had no legal grounds to be on the property, nor to take the car when on private property. Stalking and harassment and trespassing reports made.

    Wife yelled out "we are helping her" while being escorted off by police.

    New no contact letter sent. Only contact allowed is a professional mediator or attorney.

    May 2021 -

    Considering filing a lawsuit for damages for... what can I file for?
     
  2. standingstrong3030

    standingstrong3030 Law Topic Starter New Member

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    Someone used my name and likeness without my consent in a fundraiser. I am a disabled adult. Technically already deemed "at-risk." The stated purpose of the fundraiser was to donate a car to me. Money collected. Car bought, never given. I paid into car. Car title still never fully transferred to me. I have been humiliated by the situation and made out to be someone who was given a car that I was never given. I have had people angry I didn't send thank you letters. Yeah, because nothing was donated to me and I never wanted to be used by this church group and had my name and likeness published in newsletters for a fake fundraiser.

    Can I sue under charity fraud regulations?
    --------

    CRS 6-16-111.
    (1) A person commits charitable fraud if he or she:
    (a) Knowingly solicits any contribution and in the course of such solicitation knowingly performs any act or omission in violation of any of the provisions of sections 6-16-104 to 6-16-107 and 6-16-110;

    (b) Knowingly solicits any contribution and, in aid of or in the course of such solicitation, utilizes the name or symbol of another person or organization without written authorization from such person or organization for such use;

    (c) Solicits any contribution and, in aid of or in the course of such solicitation, utilizes a name, symbol, or statement which is closely related or similar to that used by another person or organization with the intent to mislead the person to whom the solicitation is made that said solicitation is on the behalf of or is affiliated with such other person or organization;

    ...

    (g) With the intent to defraud, devises or executes a scheme or artifice to defraud by means of a solicitation or obtains money, property, or services by means of a false or fraudulent pretense, representation, or promise in the course of a solicitation. A representation may be any manifestation of any assertion by words or conduct, including, but not limited to, a failure to disclose a material fact.

    <<<

    (i) Represents or causes another to represent that a contribution to a charitable organization will be used for a purpose other than the purpose for which the charitable organization actually intends to use such contribution;

    <<<

    2) Any person who commits charitable fraud in violation of paragraph (b), (c), (d), (f), or (g) of subsection (1) of this section is guilty of a class 5 felony, and upon conviction thereof, shall be punished in accordance with section 18-1.3-401, C.R.S.

    (3) Any person who commits charitable fraud in violation of paragraph (a), (e), or (h) to (p) of subsection (1) of this section, or of subsection (1.5) of this section, is guilty of a class 2 misdemeanor...
     
  3. Tax Counsel

    Tax Counsel Well-Known Member

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    Assuming that your total damages (the actual financial losses suffered) are $7,500 or less you may sue in small claims court in Colorado. From the sound of it you may have breach of contract and/fraud claims against B. The most important thing in the complaint you file with the court is to state the facts of what B did that caused your losses. And when you get to court, you need to have the evidence to show the court what he did.
     
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  4. adjusterjack

    adjusterjack Super Moderator

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    I'm not sure you can file for anything. You paid for repairs and have possession and use of the car.

    That's a criminal law that you quoted. You can report it to the authorities but I don't see a civil cause of action available to you because you have possession and use of the car. Given the circumstances you describe I doubt if B is going to face prosecution.

    Did it ever occur to you to go to the DMV and request a duplicate title?

    It's not clear whether the title is in his name only or in both your names and you won't know for sure until you visit the DMV.

    Duplicate Title | Department of Revenue - Motor Vehicle

    Do that now. Then come back and report the results.

    Considering B's behavior to date, including police involvement, you probably have enough for a restraining order.
     
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  5. Red Kayak

    Red Kayak Well-Known Member

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    Well, aren't you a peach.

    Let him and his wife tow the car. Remove your name from anything to do with the car.

    Tolls are incurred only when a car is driven on a toll road.

    Disengage yourself with this car and this person.

    P.S. I notice you didn't mention insurance.
     
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  6. standingstrong3030

    standingstrong3030 Law Topic Starter New Member

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    Thanks for the input!
    I actually haven't. He has regularly had use of the car, would drive and park it illegally. He often would start to "fix" things on the car, causing significant damage to the car. I do have it now, only to stop him from running me into debt trying to pay for all the crap he would do to the car/ He would break it. Leave it where it would eventually be towed, putting me on the hook for the costs. It was never "donated" to me fully despite his continued claim he did that and donors intending it to be donated to me.

    I only paid for repairs due to a false promise he would give me the title, not insist on his continuing to own the car. If I had known he would never give up his ownership, and he did not intend to turn over full ownership to me, I would have never paid a dime or touched the keys ever. That's a terrible situation, and not what he said he was going to do with my money. He said he would give the car to me if I paid.

    He still owns it.
    Yes. Of course. As I stated at the get go of my original post, he placed the title in both our names. His name is listed, as well as mine.
    It's been 18 months since then of trying to get him and his car out of my life.
    The problem: if I restrain him from contact, how do I ever get my name off this nightmare car? I'm tired of being liable for anything he could do with it. He's not really sane...
     
  7. standingstrong3030

    standingstrong3030 Law Topic Starter New Member

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    Why would I pay for his actions that he had done with his car he continues to own? Lawyers want to sue him for things he did with the car, I will not stand in their way. Why should I?

    He is not willing to sign the back of the title allowing me to take my name off and transfer it out of my name. CO law requires him to do that. Until he agrees, we both own the car from hell.

    THUS, the consideration of suing him for all the nonsense.
     
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  8. Red Kayak

    Red Kayak Well-Known Member

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    Thank you for clarifying.

    I am not sure if a partition action can be used for a car, but you should research that.
     
  9. Red Kayak

    Red Kayak Well-Known Member

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    And did it occur to you to sue in small claims every time he pulled these stunts?

    Do you have a Duplicate Title?

    Legally. You have a third party serve him when you take legal action. The letters haven't been working, so that is your only recourse. You don't want the "nightmare car".

    Consult a local lawyer. They should be able to steer you in the right direction.
     
  10. Tax Counsel

    Tax Counsel Well-Known Member

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    I do see a potential cause of action here. B made certain promises to the OP that if he paid for repairs, etc, he'd get sole title to the car. If the OP met his side of the bargain then B has breached the contract by failing to give him sole title to the car. Possession is not good enough when what was bargained for was title to the car, too.
     
  11. adjusterjack

    adjusterjack Super Moderator

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    You are both owners of the car. You have as much right as he does to sign over the back of the title (assuming you got a duplicate as I suggested), keep a copy, and provide the sold notice to DMV.

    Colorado residents now able to voluntarily report vehicle ownership transfers | Department of Revenue - Motor Vehicle

    Keep a copy of the sold notice as well.

    Then let him have the car and get on with your life.
     
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