[carisch]

My husband purchased a truck three weeks ago. His truck was stolen from his place of employment, a large home improvement chain on a bright sunny day. The person responsible for doing so was caught 4 days later in the truck while committing a crime. When we purchased the truck, we did so from a tow company that had the title bonded. Now the detectives are stating that the person that stole the vehicle we purchased - we have title in hand - used to own the vehicle and that he can take us to court and try to re-claim his "stolen" vehicle. Evidently he is stating that someone stole the vehicle from him and whoever that was got into an accident (they were drunk) and the vehicle was towed at a police request. Where it sat for the legal number of days for the tow company to order and receive a bonded title. We are being told this is not a criminal matter - WHAT?? - but instead it is a civil matter? Now we have to pay the second tow fee $345, as well as the damage to the stering column, ignition switch, wiring and door when he illegally broke into the truck - approx $2900. How is this not a criminal matter? How do we recoup the money we will be out?

[RichardBondMan]

This is a very complicated matter but let me think it though based on what I know about "bonded titles" to vehicles. A "bonded title" generally means that when a vehicle is abandoned, found in the woods, not claimed within a certain period from a police dept's impound lot etc, then someone generally claims ownership and follows through with the state they want title in or the state in which the veh is registered and seeks the title to the vehicle, then that person has to furnish that state a "Certificate of Title Surety Bond" which essentially means that should the rightful owner come forward and claim they own the veh and can prove they in fact are the owner or should be, then the surety company for person that purchased the veh with a bonded title stands good for the penal amount of the bond in the event the veh is reclaimed by it's correct owner. In this case, if I understand you, the tow company that you purchased the veh from 3 weeks ago, is the principal on the bond and they (the tow co) had the veh titled in their name so they could sell the vehicle. You were the buyer of the vehicle and now the veh is "perhaps" wrongfully titled in your name and incorrectly was also titled in the tow company's name, if the person who took "your" veh is proven to be the correct owner. The principal on the bond (the tow co) will be asked to pay the surety company back for any monies the surety expended to make the situation right for the true owner. I may be incorrect, but you may be able to recover your down payment or purchase price from the tow company's surety company that bonded the title. Regardless, this matter, as you can see, if much too complicated for a lay person to handle for you, therefore, I recommend you consult an attorney... As to being a civil matter and not a criminal matter, I can see points to each parties side, i.e.. It's his veh, he can take his own vehicle, even can vandalize it, but is it his vehicle? Well, it is and it isn't, the title is probably now in your name or in the process of being titled/registered in your name... It would have been better if the "thief" had not taken the veh w/o some legal papers. Hope this helps explain how complicated this may be.

[excon]

Hello car:

I don't care what the cops say; the guy stole your car. Did OJ steal his own memorabilia?? He did, and they're going to put him in jail for a long long time for doing just that. It doesn't matter if some item was stolen from you, you cannot steal it back.

Go back to the doughnut store where you found the cops and tell them to do their job.

excon

[Fr_Chuck]

OK, even if the police had arrested him that does not get your money back, you get your money by suing him in civil court for all your damages

[JudyKayTee]

I think - given the complicated circumstances - you should consult with an Attorney. Someone has to keep the original owner from stealing the truck back again and you need to be reimbursed for your damages. As far as the Police - if they consider this to be a civil matter they won't get involved. I investigate accidents all the time using Police Reports that make little/no sense and they tell me they aren't accident investigators, they aren't paid to sort out the details, they're the Police, they don't have time for "this stuff" - maybe this situation falls into that same category. It shouldn't matter if you have the title in hand but the previous owner must have made a very convincing argument concerning ownership of the truck.