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should have known better

Discussion in 'Small Claims & Municipal Court' started by lilskunk, Jun 23, 2015.

  1. lilskunk

    lilskunk Law Topic Starter New Member

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    I bought a car and put it in my girlfriends name so she could drive me around [i can't drive--revoked] we broke up 4 days later and she says shes keeping the car ---can I take her to small claims because I can prove I paid for the car.
     
  2. txls

    txls Well-Known Member

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    Nope. If the title is in her name then you gave her the car.
     
  3. Betty3

    Betty3 Super Moderator

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    If the title is in her name, it's her car. Sorry.
     
  4. lilskunk

    lilskunk Law Topic Starter New Member

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    opps sorry --i should have explained better----we were suppose to go to the dmv together to title the car so I could be put as a lein holder. But she took the title while I was at work and went and titled it only in her name--without my permission--the car receipt is in my name and she did not have permission to title it on her own. will this change your answer.
     
  5. Betty3

    Betty3 Super Moderator

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    Did you talk to the DMV to see if there is any way you can get the car titled in your name? You said in your 1st post you put the car in her name.
     
    Last edited: Jun 24, 2015
  6. army judge

    army judge Super Moderator

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    If that is the story, she owns the car.
    How, why, when she did the deed, doesn't matter as long as her name is on the title.
    The name(s) on the title is (are) the legal owner(s).
    You, my friend, have the same ownership in the car as I do, NONE!
     
  7. lilskunk

    lilskunk Law Topic Starter New Member

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    are you sure- she took my property [the title]--is that theft
     
  8. army judge

    army judge Super Moderator

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    That's your story.

    The way this goes down mate, its a she said versus a he said.

    Her story is going to go something like this: "He gave me the car, because he loved me." OR "He begged me to take the car. I had no choice once HE signed it over to me." OR, my favorite "He put the car in my name, because he couldn't get insurance. He signed that stuff, I didn't know nuttin 'bout it."
     
  9. CdwJava

    CdwJava Moderator

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    You said you bought the car and YOU put it in her name. This is not theft. It's legally kinda hard to take your own property, and this would not meet the definition of theft to permit it to be entered into SVS (stolen vehicle system) of NCIC.

    If she owes you money and you think you can convince a court that she does, take her to Small Claims Court.
     
  10. lilskunk

    lilskunk Law Topic Starter New Member

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    I don't think those answers would work---it was bought from a third party so I didn't sign anything over to her---and my mother took the money for the car out of her account to buy me the car. But I get your drift.
     
  11. txls

    txls Well-Known Member

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    Are you saying she forged your signature? Or was the title left open on the back so she simply filled in her name only. Forgery you might be able to prove. Otherwise, it's her word against yours.
     
  12. Betty3

    Betty3 Super Moderator

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  13. txls

    txls Well-Known Member

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    You can of course talk to a lawyer and try to take her to court, but it will be very difficult to prove.
     

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