Check out some similar questions!

Nicole Cooper · Jul 16, 2008, 09:42 PM

[F]Hello,

My parents are not seeing eye to eye with some things going on personally in our family so they have kicked me out. Well, I have a 08 Camry which I have had since Xmas of 07. My mother & I were purchasing the car b/c I had a very bad wreck in which the insurance company of the other driver paid me (not my mother)18,000 for the totalled vehicle.

I was unable to put the Camry into my name due to credit so my mother put it in her name. So now they are telling me to bring it back to them by a deadline (Tomorrow) or they are pressing charges of Grand Theft. The car has been mine, purchased to be mine, and no one else has had possession of it the entire time except me.

I also have been the only person that has keys to the vehicle. Will the cops pursue this & will I be put in jail or have a warrant?
:confused: :mad: :(

Please help!

BIGBOPPER · Jul 16, 2008, 09:52 PM

I really don't have much experience in this type of thing, I will state up front. But in your situation, I would STRONGLY advise that you go get a lawyer... I did go in on a co-loan with my mom too on a car, and remember something about the other partner (mom) could have the car repossessed.

Also get ready to surrender the car, take out anything that you don't want possibly lost by either it being repo'd (legal stealing), or seized by the police. And also, perhaps talk to your parents as well. They may have a change of heart... Hopefully you'll get this before it's too late. But definitely first thing in the A.M. m crack the yellow pages, or start looking tonight in the internet. You need legal representation.

Good Luck!

Alty · Jul 16, 2008, 09:57 PM

Do you have proof that you paid for or are paying for the vehicle? If you are making payments, who are the payments to? Have you missed a payment?

I think that those things will be taken into consideration by the court, but like the abover poster, I don't have any experience with this kind of thing.

Hang on, we have great people on this site who will be able to give you an answer, it sometimes takes a while, so check back frequently.

Good luck.

Nicole Cooper · Jul 16, 2008, 10:06 PM

Will it be possible to somehow get my money or at least 10,000 from my insurance check back since they are not following through with their promise? I'm 27 & I work & I have a 2 year old.

Nicole Cooper · Jul 16, 2008, 10:15 PM

Originally Posted by Altenweg

Do you have proof that you paid for or are paying for the vehicle? If you are making payments, who are the payments to? Have you missed a payment?

I think that those things will be taken into consideration by the court, but like the abover poster, I don't have any experience with this kind of thing.

Hang on, we have great people on this site who will be able to give you an answer, it sometimes takes a while, so check back frequently.

Good luck.

My check i got from the wreck was to cover most of everything and my mom has made the payments because she took the settlement check since the car couldn't be in my name. So no payments have been missed. Could i get my mother for fraud or forgery? The settlement check went into her account and not mine.

Alty · Jul 16, 2008, 10:24 PM

I think it's best to contact a lawyer, someone who can look at all the paper work and other legal issues and help you decide where to go from here.

Good luck.

BIGBOPPER · Jul 16, 2008, 10:31 PM

If she is making payments on the car, I think that she would have been entitled to that check. In my case it was the other way around. I paid the down, (from an insurance settlement). And I took over payments, until I hit a financial bump, and my mother helped for awhile.
Again, call a lawyer, even the state's attorney office in the morning and ask what to do. I think that you are going to end up losing the car, if temporarily. If you make it difficult for them, they will make it difficult for you.

froggy7 · Jul 17, 2008, 07:34 AM

Lets cut to the chase. If your mom's name is on the title, it means, legally, it's her car. She was just letting you drive it. (The flip side of this is that, if you are in an accident, it makes all of your mom's assets legal game for the person you injure to go after.) So yes, she can file theft charges against you if you don't return it. Now, if the police come after you and are in a good mood, when you explain the situation they may decide to just let this be a family squabble. If your name is on the title, or both of yours, then she doesn't have a strong suit, but might be able to try filing charges.

ScottGem · Jul 17, 2008, 07:39 AM

As Froggy noted, since the title is in her name then she is the legal owner. Since you turned over the insurance proceeds to her and she has been making payments, you have little proof that its your car.

So she could report it stolen. Now if she does and she reports that its in your possession, since you are a family member, I doubt if the police will pursue it. If she doesn't report that you have it, once the police find out that you are a family member, I doubt if they will pursue prosecution.

excon · Jul 17, 2008, 07:41 AM

Originally Posted by Nicole Cooper

Can I be charged with grand theft auto?

Hello Nicole:

I don't believe you can be. If the cops show up, SHOW them ANY paperwork you have that indicated you made PAYMENTS. They'll call it a civil matter and go away.

excon

JudyKayTee · Jul 17, 2008, 07:50 AM

Originally Posted by ScottGem

As Froggy noted, since the title is in her name then she is the legal owner. Since you turned over the insurance proceeds to her and she has been making payments, you have little proof that its your car.

So she could report it stolen. Now if she does and she reports that its in your possession, since you are a family member, I doubt if the police will pursue it. If she doesn't report that you have it, once the police find out that you are a family member, I doubt if they will pursue prosecution.

In NYS the titled owner is the legal owner - you don't own a vehicle unless your name is on the title, jointly or otherwise.

I have seen the name of the insured enter into the picture, though. Who carries the car insurance?

twinkiedooter · Jul 17, 2008, 04:07 PM

I believe she could be charged even if she is a family member. They could charge her with unauthorized use of a vehicle and take the vehicle from her.

Alty · Jul 17, 2008, 04:11 PM

This just goes to show, without documentation you should never enter a deal with anyone, not even family members. It's a hard lesson, but I doubt you'll make the same mistake again.

Sorry that it ended up like this Nicole. I'm glad the legal experts came to answer your question, listen to them, they know what they are talking about.

Fr_Chuck · Jul 17, 2008, 05:28 PM

Yes often the police are slow at pressing charges against a family member, but you are not there to give your side of the story, they are, they had a title with their name on it, So it is "THEIR or HER" car not your car, your car has your name on the title

They also can hire a repo company to find the car and bring it back to them, and they lock it up if they don't press charges.