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Trasa11011 · Mar 21, 2008, 06:32 AM

Last year, I made an agreement with a friend. She bought my car for $250 and gave me $50 down. A couple weeks later, I took $25 off because she watched my kids. Then every couple months, she'd tell me she'd give me more and didn't. I heard recently that she sold it for $100, so I sent an email saying I wanted the car or the money she owes me in the next 2 weeks. My question is... if she sold the car, could she be charged with auto theft or do I need to take her to small claims court? I still have the title. We're in Wisconsin, if that's relevant.

ScottGem · Mar 21, 2008, 06:34 AM

What's relevant is that you still have the title. I'm not sure if this would qualify as auto theft, but it is fraud, since she didn't have the title. The buyer was pretty stupid to buy something without getting the title.

JudyKayTee · Mar 21, 2008, 07:05 AM

Originally Posted by Trasa11011

Last year, I made an agreement with a friend. She bought my car for $250 and gave me $50 down. A couple weeks later, I took $25 off because she watched my kids. Then every couple months, she'd tell me she'd give me more and didn't. I heard recently that she sold it for $100, so I sent an email saying I wanted the car or the money she owes me in the next 2 weeks. My question is...if she sold the car, could she be charged with auto theft or do I need to take her to small claims court? I still have the title. We're in Wisconsin, if that's relevant.

I'm pretty sure it's not auto theft - you knew she had the car, it's a loan, she wasn't paying, you had the option of taking the car back.

I'm sure the fact that she sold a car she didn't own would be of interest to the Police and also DMV.

And, yes, you need to take her to small claims court for your money - auto theft (or whatever it works out to be) is a CRIMINAL charge and the best that would happen would be that she would be charged and MAYBE you would get the car back; if you want your money - which you may or may not receive if you've got the car back - you've got to go to CIVIL Court (Small Claims).

Trasa11011 · Mar 21, 2008, 08:08 AM

If I had the car back, I wouldn't be interested in the money. I just want this mess to end.

ScottGem · Mar 21, 2008, 08:12 AM

Do you know who she sold it to? Its really a matter of how you want to proceed now. You can try bringing her up on criminal charges or try suing her for the money. You will need to prove a contract for sale to sue her. You could try threatening her with going to the police to try and get her to pay.

amricca · Mar 21, 2008, 08:16 AM

I'd tell her to give you the $100 for the title and let it go. It would probably end up costing you more to take her to court.

Trasa11011 · Mar 21, 2008, 08:32 AM

I don't know who she sold it to, or if she even sold it. If her husband hadn't called, threatening and screaming at me, I would've tried working something out. I don't like it when people try to intimidate me.

amricca · Mar 21, 2008, 08:41 AM

Why was he yelling and threatening you? He was mad that you want the money they argeed to pay you? All you were being was nice helping out a friend and this is the thanks they give you. Not a very good friend, and all this hassel for $175. If they won't try to work it out with you call the police and tell them they have your car, they should go over there and talk to them.

JudyKayTee · Mar 21, 2008, 09:03 AM

Originally Posted by amricca

Why was he yelling and threatening you? He was mad that you want the money they argeed to pay you? All you were being was nice helping out a friend and this is the thanks they give you. Not a very good friend, and all this hassel for $175. If they won't try to work it out with you call the police and tell them they have your car, they should go over there and talk to them.

Again - this not a Police matter. The Police do not enforce debts. This is a buy/sell deal that went sour and not a criminal matter.

Small Claims Court is your option -

ScottGem · Mar 21, 2008, 09:18 AM

For a change I have to partially disagree with Judy. The fact that she owes you $175 is not a police matter. But the fact that she sold a car she didn't have title to should be a police matter or, at the least, a DMV matter.

Alty · Mar 21, 2008, 10:27 AM

I can't believe that two people bought a car that they didn't get the title to, not a very bright move.

The fact is, you have the title, how was she even insuring this vehicle? I don't know about the laws in the states, but were I live you have to have the title to a vehicle in order to get insurance on said vehicle. In other words, the people who bought the car probably don't have insurance on it, and guess what, you have the title, you still own that vehicle, and if it's driven without proper insurance and they get into an accident, you might be responsible for the damages. Go to small claims court asap to get your money back and sign over the title before your problems become worse.

Do you have anything in writing saying that you sold the vehicle? Otherwise it's just your word against hers. This is not going to be easy to prove, and like I said before, I think the money is the smallest problem that you have.

insuranceconsult · Mar 21, 2008, 10:21 PM

If you sold the vehicle, why do you still have the title? Do you have a purchase agreement? If you still legally own the vehicle, but they have possession of it, and won't give it back, call the police. Remember, you are still the legal owner. If they are preventing you from having your vehicle, call the police. This is a legal/police issue.

With that said, it's sounds like you had at least a decent relationship with them if they watched your kids. Calling the police on them will definitely ruin that, but they've done that to themselves if they are refusing to give you back your vehicle.

JudyKayTee · Mar 22, 2008, 05:57 AM

Originally Posted by insuranceconsult

If you sold the vehicle, why do you still have the title? Do you have a purchase agreement? If you still legally own the vehicle, but they have possesion of it, and won't give it back, call the police. Remember, you are still the legal owner. If they are preventing you from having your vehicle, call the police. This is a legal/police issue.

With that said, it's sounds like you had at least a decent relationship with them if they watched your kids. Calling the police on them will definitely ruin that, but they've done that to themselves if they are refusing to give you back your vehicle.

This is most definitely NOT the situation where I live - this is a buy/sell agreement, someone defaulted. NOT a Police matter because they aren't willing to stand there and decide who is right and who is wrong. If you were correct every person who defaulted on an auto loan would have the Police at their doorstep.

Perhaps it is the case where you live.

insuranceconsult · Mar 22, 2008, 07:46 AM

Originally Posted by JudyKayTee

This is most definitely NOT the situation where I live - this is a buy/sell agreement, someone defaulted. NOT a Police matter because they aren't willing to stand there and decide who is right and who is wrong. If you were correct every person who defaulted on an auto loan would have the Police at their doorstep.

Perhaps it is the case where you live.

In my opinion, this doesn't sound like a typical bad debt issue. I think there is more here that we don't know about. I still would like to know about the agreement, verbal, written, etc... Depending on the size of the city, the police could help. I'm not saying that could enforce anything, but help her. It's interesting how one of the apparent buyers yelled at her. About what?

I think there is more to the story. At the minimum, I think she do her own re-po to get the car back. It sounds like they are holding it hostage and won't pay her. My question still is, why does she still hold the title, there must not have been a legal sale.

Fr_Chuck · Mar 22, 2008, 10:09 AM

You sue her in small claims court for the money.

Trasa11011 · Mar 24, 2008, 04:54 AM

Originally Posted by insuranceconsult

In my opinion, this doesn't sound like a typical bad debt issue. I think there is more here that we don't know about. I still would like to know about the agreement, verbal, written, etc... Depending on the size of the city, the police could help. I'm not saying that could enforce anything, but help her. It's interesting how one of the apparent buyers yelled at her. About what?

I think there is more to the story. At the minimum, I think she do her own re-po to get the car back. It sounds like they are holding it hostage and won't pay her. My question still is, why does she still hold the title, there must not have been a legal sale.

Where I come from, you don't hand over the title until you receive all payment for a vehicle. That's why I still have the title. We had a verbal agreement. I wish I could just do my own repo, but I don't even know where the car is. The husband calling and yelling? My guess is, he's a bully and thought he could get out of paying what she owes.