Theft with out proof, is this posable?

[tgivin]

In trying to help my daughter get started I helped her get her first car. We are both on the title as well. Due to our agreement being broken, I was forced to reposes the car my self.

She has contacted a detective and he is saying they are going to press charges for theft for the items left in the car when I drove off in it.

It is my car and I drove write off in it with my key. First, there is no proof of what was left in the car of her part except her husbands word. Second, it is my car, if someone leaves something in your car and then wants to press charges for theft, I think we mite all be in trouble.

Does she have any type of chance of seeing this go to court? She owe me a lot of money due to the agreement being broken, not to mention my credit, so what was left in the car is now mine.

 

[Duranie]

Well it sounds like you had the right to reposses the car. I don't see how she has any proof anything was stolen. This sounds more like a civil dispute than a criminal one.

 

[dee_dub]

Leaving aside the question of what can or cannot be proven, which Duranie has succinctly nailed,

it is my car, if someone leaves something in your car and then wants to press charges for theft, I think we mite all be in trouble.

As I understand it, you're both on title, so the car is partly hers. If someone can't leave something in a car they partly own without the other owner taking it, we might all be in trouble.

Anyways, leaving something in someone else's car doesn't confer ownership on that person. I've had my brother's skates in my car for a week - they're still his skates.

Does she have any type of chance of seeing this go to court? She owe me a lot of money due to the agreement being broken, not to mention my credit, so what was left in the car is now mine.

What was left in the car is not yours now just because she owes you money. If it was hers, it's still hers. Maybe you can go to court and get a judgment against her and force her to sell some possessions to pay. You can't just take them.