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Last year, I made an agreement with a friend. She bought my car for $250 and gave me $50 down. A couple weeks later, I took $25 off because she watched my kids. Then every couple months, she'd tell me she'd give me more and didn't. I heard recently that she sold it for $100, so I sent an email saying I wanted the car or the money she owes me in the next 2 weeks. My question is...if she sold the car, could she be charged with auto theft or do I need to take her to small claims court? I still have the title. We're in Wisconsin, if that's relevant.
What's relevant is that you still have the title. I'm not sure if this would qualify as auto theft, but it is fraud, since she didn't have the title. the buyer was pretty stupid to buy something without getting the title.
Last year, I made an agreement with a friend. She bought my car for $250 and gave me $50 down. A couple weeks later, I took $25 off because she watched my kids. Then every couple months, she'd tell me she'd give me more and didn't. I heard recently that she sold it for $100, so I sent an email saying I wanted the car or the money she owes me in the next 2 weeks. My question is...if she sold the car, could she be charged with auto theft or do I need to take her to small claims court? I still have the title. We're in Wisconsin, if that's relevant.
I'm pretty sure it's not auto theft - you knew she had the car, it's a loan, she wasn't paying, you had the option of taking the car back.
I'm sure the fact that she sold a car she didn't own would be of interest to the Police and also DMV.
And, yes, you need to take her to small claims court for your money - auto theft (or whatever it works out to be) is a CRIMINAL charge and the best that would happen would be that she would be charged and MAYBE you would get the car back; if you want your money - which you may or may not receive if you've got the car back - you've got to go to CIVIL Court (Small Claims).
Do you know who she sold it to? Its really a matter of how you want to proceed now. You can try bringing her up on criminal charges or try suing her for the money. You will need to prove a contract for sale to sue her. You could try threatening her with going to the police to try and get her to pay.
I don't know who she sold it to, or if she even sold it. If her husband hadn't called, threatening and screaming at me, I would've tried working something out. I don't like it when people try to intimidate me.
Why was he yelling and threatening you? He was mad that you want the money they argeed to pay you? All you were being was nice helping out a friend and this is the thanks they give you. Not a very good friend, and all this hassel for $175. If they won't try to work it out with you call the police and tell them they have your car, they should go over there and talk to them.
Why was he yelling and threatening you? He was mad that you want the money they argeed to pay you? All you were being was nice helping out a friend and this is the thanks they give you. Not a very good friend, and all this hassel for $175. If they won't try to work it out with you call the police and tell them they have your car, they should go over there and talk to them.
Again - this not a Police matter. The Police do not enforce debts. This is a buy/sell deal that went sour and not a criminal matter.
For a change I have to partially disagree with Judy. The fact that she owes you $175 is not a police matter. But the fact that she sold a car she didn't have title to should be a police matter or, at the least, a DMV matter.
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