View Full Version : Legal advice on car purchase
warich
May 28, 2011, 10:01 AM
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
May 28, 2011, 10:23 AM
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
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
May 28, 2011, 10:39 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 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
May 28, 2011, 10:44 AM
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
May 28, 2011, 10:48 AM
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
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
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
May 28, 2011, 11:35 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?
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
May 28, 2011, 11:38 AM
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
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
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
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
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
May 28, 2011, 12:42 PM
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
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
May 28, 2011, 02:12 PM
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
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
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
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.
tickle
May 29, 2011, 07:08 AM
khaning, you are calling a respected member of our community a psycho! I don't see anything in JKTs reply that remotely indicates she is quoting you. She is merely replying to your post.
Please don't use the comments feature. If you want proper feedback then use the reply feature, or if you can't be respectful to members, don't post at all.
Tick
JudyKayTee
May 29, 2011, 10:28 AM
Comment on JudyKayTee's post -
I was telling him the cops would already be there if he did. Stop quoting me psycho!!!!
khaning does not find this helpful : this person is copying and pasting my responses to be a jerk!!
I don't know what World you live in, business career included, but this is not how "we" behave at AMHD. You may agree with me or not agree with me. You may dispute what I post or not dispute what I post. I quote what I'm answering so that people reading through know what I'm addressing.
Again, you read things into this thread which were not posted and gave your (incorrect) advice based on that information.
We don't engage in name calling here. I would suggest you read the AMHD rules.
You are insulting people in every post - I have no idea where your attitude is coming from but it is most inappropriate. Your comments to me, your name calling, are inappropriate and indicate you didn't bother to read the AMHD rules and have little grasp of how AMHD works.
Your comments to J9 are insulting to her and show your character (or lack thereof). https://www.askmehelpdesk.com/other-law/employer-hipaa-violations-578488.html
ScottGem
May 29, 2011, 10:46 AM
my name isn't on the title. Only the bill of sale showing I purchased it.
First, when posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.
Judy is right here. It doesn't matter who purchased the car, it only matters who owns the car and the owner is the person on the title.
This means she can report the car as stolen and you can be arrested for auto theft. Would you be convicted of auto theft? I doubt it. You show you purchased the car and that she wanted it transferred to your name and the criminal case will, very likely, not even be prosecuted or, if so, dismissed.
But since the car is in her name and you have possession and refuse to turn it over, the police might get involved.
warich
May 29, 2011, 11:48 PM
Since posting here, several things have happened. I received 9 nasty emails and texts threatening me with violence by her so called friends. At that point I just picked up the phone and called the sheriffs office informing them of the situation which I'm dealing with and what has been going on. I was told by the deputy, if I had everything I claimed, I would have my rights to the car, but is a civil matter and I would have to go in front of a judge in small claims. He was very informative and let me know that she made some inconsistent statements and couldn't come up with where the car was purchased, who the seller was and how much was paid for it. Tuesday morning I will be filing in court not only for her to sign the title of the car to me, but filing a restraining order for harassment and threats of bodily injury. I want to thank everyone here that's responded and helped me with information. Please try to get along and be peaceful with one another. Thank you everyone!!
ScottGem
May 30, 2011, 03:15 AM
Calling the sheriff's office to report the threats and harassment was the right thing to do. Taking the word of a deputy on the law was NOT the right thing to do. Police officers are barely trained in the law and should not be considered an authority.
The only correct advice was to go to small claims court. But its not a slam dunk that you will win. All she has to do is state that the car was a gift. Unless you can convince the judge otherwise, the car may be awarded to her.
JudyKayTee
May 30, 2011, 06:04 AM
I'm glad you came back - let us know how this works out. (And Scott is right - the Police don't know much about civil matters. They try but they have little experience.)