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    warich's Avatar
    warich Posts: 16, Reputation: 1
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    #1

    May 28, 2011, 10:01 AM
    Legal advice on car purchase
    Purchased a car in February, put it in girlfriends name so she could get insurance and because I don't drive from not having a license. The bill of sale from the person I got it from clearly shows my name as the buyer. The exgirlfriend never met who I got the car from. It was my hard earned cash that paid for the car and also had another person that was with me at the time I bought it to prove this.

    When we broke up just recently she told me to take the car out of her name both verbally and in a text messages several times. She left a coat here with keys to her storage unit and wanted me to bring it to her 40 miles away, but once again, I don't drive and told her she was more than welcome to come get it herself. She's sent many threatening texts and a couple emails that if I didn't bring her coat she was now going to take the car and there isn't anything I can do in stopping her.

    A week after breaking it off and quite a few nasty texts from her that I didn't respond to, I get a call from the police department telling me I needed to give her the car and title to it which I have. I told them I would not give up anything and they advised something else could possibly happen to me if I didn't.

    Isn't this a civil matter or can they turn it into some kind of criminal issue? I refuse to give up what I paid for. Yes, I know it was a dumb move on my part. Recently was informed I could have put myself as the legal owner and her as the registered owner and all would be fine, but I had no idea of being able to do something like this at the time.

    Thank you for any real advice you can help with.

    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    May 28, 2011, 10:23 AM
    Quote Originally Posted by warich View Post
    I get a call from the police department telling me I needed to give her the car and title to it which I have. I told them I would not give up anything and they advised something else could possibly happen to me if I didn't.

    Isn't this a civil matter or can they turn it into some kind of criminal issue?
    Hello w:

    Yes, it's a civil matter... Don't talk to the cops again. If they call, tell them to call your lawyer. You are NOT obligated to talk with them.

    Sue her in small claims court. I don't know if you'll win.

    excon
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #3

    May 28, 2011, 10:24 AM

    I doubt very much that the police would call you over this, it being heresay and no proof of she says, and then threatening you? No, I don't think that was the police calling. Sounds like she put up someone to do that. Did you substantiate which police division it was coming from, etc?

    Do you still have the bill of sale ? If the car is in her name, she has to sign it over to you. So why doesn't she do that ?

    Your g/f sounds quite wishy washy, warich, and is feeding you a line.

    All she has to do is go the DMV and sign the ownership (does she have that in her possession) over to you. So you both have to get involved here to settle this issue.

    Tick
    warich's Avatar
    warich Posts: 16, Reputation: 1
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    #4

    May 28, 2011, 10:39 AM
    Comment on excon's post
    Yes, it was an actual police officer that called. I asked for a real number to call back thinking it was a prank from one of her friends because it came up "unknown caller" on the caller id and spoke with the officer letting him know I wasn't giving up the title to the car due to my paying for it. I contacted the person I bought it from and they still have a copy of the original bill of sale which says I purchased the car from them as well.
    warich's Avatar
    warich Posts: 16, Reputation: 1
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    #5

    May 28, 2011, 10:44 AM
    Comment on excon's post
    I do have proof in text messages and emails that I saved from her the day after we broke up telling me to get the car out of her name in 2 days.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    May 28, 2011, 10:48 AM
    Quote Originally Posted by warich View Post
    Yes, it was an actual police officer that called.

    Hello again, w:

    I didn't say the cop wasn't real. I said don't talk to him.

    Present your proof to the court, and we'll see what happens.. She has proof too, you know. The fact that you signed the car over to her is BIG.

    Look. I hope you win. But, I don't think it's a foregone conclusion.

    excon
    Wondergirl's Avatar
    Wondergirl Posts: 39,354, Reputation: 5431
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    #7

    May 28, 2011, 10:55 AM

    Yes, it was an actual police officer that called. I asked for a real number to call back thinking it was a prank from one of her friends because it came up "unknown caller" on the caller id

    So you called the number the "police officer" gave you and what happened? Someone picked up and said in a gruff voice, "XYZ Police Department"? Did you check that number against the listed number?

    (Btw, unknown numbers are usually cell phones.)
    khaning's Avatar
    khaning Posts: 22, Reputation: 0
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    #8

    May 28, 2011, 11:10 AM
    If you stole her car the cops will not call you. They will be at your door, and your name is no where on the car? The you have the receipt from the purchase? Is your name on the title at all?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #9

    May 28, 2011, 11:35 AM
    Quote Originally Posted by khaning View Post
    If you stole her car the cops will not call you. They will be at your door, and your name is no where on the car? The you have the receipt from the purchase? Is your name on the title at all?

    He didn't steal it - he says his name is on the receipt as the purchaser. If the Police show up it's a CIVIL matter, not a CRIMINAL matter and, as excon - our resident expert - said, OP does NOT have to talk to them. Ex-girlfriend wants possession of the car? Let her fill out a stolen vehicle report which will, of course, be a false Police Report.

    To OP - what State/Country?
    warich's Avatar
    warich Posts: 16, Reputation: 1
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    #10

    May 28, 2011, 11:38 AM
    Comment on khaning's post
    I didn't steal the car or the title. I've had them in my possession from day one. The day she moved out my roommate and I gave her a ride in the very same car to her friends house 40 miles away where she wanted to go. There were no ill words spoken or anything. I do have the actual receipt from the purchase when I bought it and contacted the original owner for a statement that I was the one present at the time of buying it as well as an elderly frind that I took with me. Also, have several texts and emails I saved that are from her telling me I had a couple days to get the car out of her name or sh*t was going to hit the fan and there's nothing I can do.
    warich's Avatar
    warich Posts: 16, Reputation: 1
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    #11

    May 28, 2011, 11:39 AM
    Thanks for your help. I've never been in a situation like this before or been with someone that does things like this and not very savy with legal things. I just don't want to go to jail on some trumped up charge that's nothing but lies when I have proof she said to get it out of her name in 2 days or else.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #12

    May 28, 2011, 11:43 AM

    To begin with, people who threaten me don't upset me. They amuse me.

    Tell her to go and file charges. You have the receipt that you paid for it, right? Who is on the registration and title?

    If she files a Police Report and lies she is committing a crime which COULD be a felony.

    My concern is your proof - you have a receipt in your name but then how was it titled and registered and insured? Who is the "owner" on those documents.

    And, yes, she sounds like a nut job - all of this over her coat?
    warich's Avatar
    warich Posts: 16, Reputation: 1
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    #13

    May 28, 2011, 11:58 AM
    US. Washington state.

    My name isn't on the title. Only the bill of sale showing I purchased it. I didn't know until recently when talking to someone else I could have put my name on as the legal owner and her the registered owner and all would be OK now.

    Yes, all of this is over a coat that I told her she could come and get herself.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #14

    May 28, 2011, 12:27 PM

    Laughing about the coat. Not laughing about the car. If it is titled in her name, it IS her car. She can/probably claim the car was a gift to her from you.

    I believe if it goes that far that the Police will look at the title and registration and determine it is her car.

    That puts you back in Small Claims Court, suing for the purchase price.
    warich's Avatar
    warich Posts: 16, Reputation: 1
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    #15

    May 28, 2011, 12:42 PM
    Comment on JudyKayTee's post
    Even though I have proof that I purchased from the owner and they are willing to vouch in court or give a notorized statement that she was never there and I made the purchase? I have many texts and an email from her stating. " You have 2 days to get the car out of my name or sh*t will hit the fan if I don't get my coat back immediately" Then after I texted back and told her she was more than welcome to pick up the coat, all hell broke loose and her messages became nasty and hateful with threats of what she would do. Next thing I know the police are involved and calling me. I did save and print all the nasty messages that now contradict what she originally said. Hoping those will help shed light on things?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #16

    May 28, 2011, 01:11 PM

    Just for the purpose of discussion, lets say you bought the car, paid for it, I wasn't there. You REALLY, REALLY like the advice I've given you so you give me the car. I title it in my name. It's my car.

    The seller has no way of knowing what your plan for the car was. Gift to her?

    The text messages will be helpful to you if this goes to Court. They are not helpful to you now. The paperwork for the car - the Title - rules.

    I also don't know the exact reason you bought the car and titled it in her name other than you couldn't put it your name. I don't know if you drove it or not. I don't know if you want to open up that whole subject in Court.

    If I were your girlfriend and you had no ability to drive I would argue that's why you gave me the car - so I could drive you around.
    warich's Avatar
    warich Posts: 16, Reputation: 1
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    #17

    May 28, 2011, 02:12 PM
    Comment on JudyKayTee's post
    At the time I purchased the car my license was valid until a notice came in the mail letting me know I missed a payment on a ticket and it was sent to collections. Upon contacting the collection agency I found the ticket almost trippled in the amount it originally was and being unable to pay it off on demand like they wanted I opted to make payments. They wouldn't release their hold on it until it was paid in full
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #18

    May 28, 2011, 02:17 PM

    Okay, understand the ticket info.

    I still think she is going to argue you bought it for her for some reason or another. You will argue you did not BUT then you will have to explain why you signed it over to her. It sounds like you were sidestepping the law.

    The Judge is not going to be happy.

    I'm not judging you. I know why it happened the way it did. I'm just telling you how this could play out.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #19

    May 28, 2011, 02:31 PM

    Yes you have a bill of sale, I have one for every car I latter sold to someone else also. Or for those few cars I gave to girlfriends, or other friends.

    When you sign the title over to someone, that sells them the car, and the title in her name, gives her ownship, and if you don't return a car that is in someone else's name, yes that is criminal in many places. So I am not laughing at the threat to report this to the police, you could well find yourself in jail ( which would not have you laughting)
    khaning's Avatar
    khaning Posts: 22, Reputation: 0
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    #20

    May 29, 2011, 07:02 AM
    No I think you aqre good. If you have the bill of sale with your name on the car and she gave you no money for the car.

    I was telling him the cops would already be there if he did. Stop quoting me psycho!!

    I think you covered yourself well lol! Good for you.

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