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-   -   Can I be charged with Grand Theft Auto if I go get my car back? (https://www.askmehelpdesk.com/showthread.php?t=462546)

  • Apr 5, 2010, 01:08 AM
    bensminger2003
    Can I be charged with Grand Theft Auto if I go get my car back??
    I have a vehicle that is titled to me in the state of WV and I have several pieces of proof to back it up, such as a signed and notarized bill of sale, odometer statement, prev. insurance statement, repair records, etc. What happened was I had lost the original signed WV title to get transferred over into my name, so I had a member of my family mail another signed duplicate WV title to me where I was living in Ohio at the time. I never got the title though, an ex friend of mine got it and transferred it into his name through the state of Ohio. So this vehicle basically is titled to me in WV and to him in Ohio, and he has no proof that he even bought the car. Can I just go down in the middle of the night and take it? Can I be charged for Grand Theft of my own car if I have all my documentation with me?
  • Apr 5, 2010, 04:38 AM
    excon

    Hello b:

    I understand that an ex friend intercepted the title, but how did he get the car? By the way, how did he intercept the title too?

    excon
  • Apr 5, 2010, 07:08 AM
    JudyKayTee

    Yes, I'm waiting for those answers, too.
  • Apr 5, 2010, 08:03 AM
    bensminger2003
    The title was mailed to me by my father, signed by the seller of the vehicle but no buyer info was filled out. The only way I can think is that the title came for me in the mail, he saw the envelope addressed to me by my father, opened it and then went from there. I owned 2 cars and when I moved back to WV from Ohio, I could only take one car at a time, so I drove my Nissan Sentra back, then I was going back in 2 days to get the Saturn. In that time is when the car was illegally transferred. Also, I worked with an investigator through the Ohio BMV, filed a complaint, sent her copies of everything I had showing that the car without a reasonable doubt was mine and mine only. She however chose to believe my ex friend and all he has to prove the car is his is the Ohio title he got. Basically she told me it's a civil case and I can't find a lawyer who will help me... that and I don't have money to pay for one. That's why I am wondering if I can just go get the car when he is asleep and let him try to prove the car is his, cause I am the one with all the paperwork on the vehicle.
  • Apr 5, 2010, 08:13 AM
    excon

    Hello again, b:

    If you had an investigator from Ohio already determine that the car is NOT yours, if you take it, you're going to be in trouble.

    It's probably too late now, but when you noticed your car missing, why didn't you call the COPS? You say you "worked" with an investigator. How did that come about?? You made a complaint with them INSTEAD of the cops?? Why?

    excon
  • Apr 5, 2010, 08:16 AM
    JudyKayTee

    Too many inconsistencies -
  • Apr 5, 2010, 08:26 AM
    bensminger2003

    I did call the cops down there and they were the ones that referred me to the investigator. The cops couldn't do anything because of the title being issued in his name from the state of Ohio. As to inconsistencies, what do you mean? My story is pretty cut and dry... the title was mailed to me, I never got it and instead he did cause I lived with him at the time, I had to leave the car down there because I had 2 cars so I drove one back and was going to get the other. The investigator did not determine that the car is not mine... she simply said that this is a civil matter. I don't understand how he can get away with something like this.
  • Apr 5, 2010, 08:28 AM
    bensminger2003

    I just don't see how someone can legally say the car is not mine because I never sold it or gave it away, plus a WV state title is in MY name free and clear. So don't I have a legal right to this vehicle since I do have a free and clear title in MY name with supporting documents?
  • Apr 5, 2010, 08:30 AM
    excon
    Quote:

    Originally Posted by bensminger2003 View Post
    I dont understand how he can get away with something like this.

    Hello ben:

    Well, it's not over yet, unless you drop it. No, you can't get the car. Get used to it. But, you CAN, as the investigator said, SUE him and get your money. Small claims court is quick, cheap, and easy. The problem you have is you're going to have to sue him where he lives or where he intercepted the title.

    excon
  • Apr 5, 2010, 08:32 AM
    JudyKayTee

    Apparently not.
  • Apr 5, 2010, 08:38 AM
    bensminger2003

    That's what I will do then. Maybe legal aid will help. Isn't the fact that the car is titled in 2 states illegal? What would I do with my WV title... just hold on to it?
  • Apr 5, 2010, 08:53 AM
    JudyKayTee

    I certainly wouldn't dispose of it -

    You can always take the person to Court.
  • Apr 5, 2010, 12:25 PM
    bensminger2003

    That's very true... this is just a very bad situation and I never thought in a million years this person would do something like this to me... its sad someone could do this to another person

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