[donnie21773]

I recently got a car from my niece's dad and he told me to put gift on the title. Now he's trying to say he's taking me to court for non payment but the title and regstaton is in mine and my girlfriends name. Would he be able to take it back now?

[Alty]

If you never paid him any money, and the title he signed over says that this was a gift, he has no case.

Now, if you've given him any money at all, and he can prove it, and prove it was for the car, that negates what was written on the title. He may then be able to get some restitution in small claims court for the blue book value of the car. But the fact that he signed the title over, and the title stated that he gifted the car to you, will play a huge part in whether he has a case against you.

Did you pay him any money for the car?

[donnie21773]

No I paid no money he just told me to put gift or trade onto the title so I did

[odinn7]

What state is this?

I have never seen a place on a title to add "gift"....maybe when you were having the paperwork done there was a spot for that to fill out for taxes but are you sure the title says it?

[ScottGem]

When he signed the title over to you there may have been some space to indicate the amount paid. Unless there is some other agreement for payment then, since the title is now in your name, he has no case.

[talaniman]

Its his word against yours unless someone committed fraud on official paper work. You lawfully own the car, and he must prevail in a court to change that.

[joypulv]

You 'got' a car... nice dance around the truth. One little word like that speaks volumes.

He does you a favor to save on sales tax and this is how you repay him.
Why would anyone believe for one minute that an in law would just give you a car?

[ScottGem]

You 'got' a car... nice dance around the truth. One little word like that speaks volumes.

He does you a favor to save on sales tax and this is how you repay him.
Why would anyone believe for one minute that an in law would just give you a car?

Joy has a point here. How long ago did this happen?

[ebaines]

donnie - you don't say that the car was actually a gift - just that "gift" is what you wrote on the title. So - was teh car actually a gift, or did you have an agreement to buy the car for a certain amount of money? Is there a contract? And lesson for the seller of the car - if you expect to get paid by a buyer over time - you must have a contract.

[AK lawyer]

donnie - you don't say that the car was actually a gift - just that "gift" is what you wrote on the title. So - was teh car actually a gift, or did you have an agreement to buy the car for a certain amount of money? Is there a contract? And lesson for the seller of the car - if you expect to get paid by a buyer over time - you must have a contract.

OP says that the seller said to put "gift" on the title. That suggests to me one of two things:
1. both parties intended that OP would not have to pay for the vehicle; or
2. the parties conspired to defraud the taxing authorities by pretending it was a gift but actually planning on money changing hands.

If it's the latter case, and if this case goes to court, the parties may get in trouble with possible criminal prosecution. They should, anyway.

[Alty]

Actually, this is too familiar for me. I'll try to make a long story short.

When my mom found out she was terminal, my cousin and his wife were a great help to both her and me. They were having money issues, had just bought a brand new van, then my cousins wife lost her job and they could no longer afford the payments. My mom made a few payments for them, then when she found out she was terminal, she asked them to come over.

My mom had a brand new car, less than a year old. She decided to sell it. She had a few offers for $17,000 from friends. The car was a $25,000 car, barely driven.

She told my cousin and his wife that she would sell the car to them, that they could pay after the wife finished nursing school, and that they'd pay me. She agreed to $13,000. I was there when we discussed this with them.

My mom died, and when everything was done with dealing with her estate, I called my cousin and his wife to discuss the car, since we hadn't put anything in writing, and I was worried about that. Just because they're family, doesn't mean they won't screw you over if given the chance.

I wanted to transfer the title to them, because I was paying the insurance, since the car was now in my name. That worried me. So we sat together to get the paperwork done. When it came time to put the price sold on the paperwork, my cousin asked me to put $100, since his wife had student loans, and showing that she was paying $13,000 for a car, would have screwed that up.

I never questioned it. So on the bill of sale I wrote $100.

They did end up paying me the entire $13,000, but not without a huge fight. It took over 7 years for them to pay it off, grudgingly. In fact, we no longer talk because of this. They told everyone that my mother had given them the car as a gift, and that I had changed the terms. Not so.

So I'm wondering if this is the same sort of deal.

[AK lawyer]

...
So I'm wondering if this is the same sort of deal.

Maybe. Your deal is similar to what was suggested earlier, except in your case it wasn't to evade taxes, but instead to defraud the student loan lender.

[Alty]

Maybe. Your deal is similar to what was suggested earlier, except in your case it wasn't to evade taxes, but instead to defraud the student loan lender.

Sadly I realize that now. But 12 years ago, which is when this happened, I didn't really think about the consequences, only that it was family, and that I was helping them. When you lose two parents 6 months apart, you don't necessarily think too clearly about these things. Sadly.