Legal Question in Criminal Law in California

about a car

my boyfriend is 20yrs old and he baught a $10,000 car from his friend that is like in his late 30's he baught the car in june 2007. two months later the car broke down well his friend then ofered to put the car in his garage till it got fixed .my boyfreind said okay well his friend then took the car placed it in his garage about a few days later my boyfrined was at work and his so called friend had took the car to a dealer and traded the car in for a brand new one with out my boyfriend knowing and know my boyfriend is stuck with a $10,000 loan and his friend is enjoying the new car. do you think it is still possible to do something and what do you advise us?


Asked on 1/31/08, 3:49 pm

3 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: about a car

It sounds like your beau's so-called friend stole the car. Your boyfriend can report him to the police and/or can sue him for conversion.

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Answered on 1/31/08, 4:03 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: about a car

I would start with filing a police report right away. The police and the City or District Attorney could investigate and possibly file charges - at no cost to you. In the course of any investigation/criminal litigation you might be able to get back the money. You can also sue in civil court but then you have to hire a lawyer.

Jacek W. Lentz

310.273.1361

www.lentzlawfirm.com

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Answered on 1/31/08, 4:19 pm
Terry A. Nelson Nelson & Lawless

Re: about a car

If the dealer took the car in trade, that implies the friend still had the title documents to the car, not your boyfriend. However, immediately notify the dealer of the claim on title and fraud, before they dispose of the car. Also notify the DMV.

IF your boyfriend has any proof of the transaction, to be able to show he paid the money and was supposed to get title, or got it, then he should try to file criminal charges with the police for theft of the car, and/or the money.

He should be able to sue and get a judgment if necessary, if he has proof.

If this wasn't simply a handshake deal between them, that is, if the boyfriend took out a loan from a bank or finance company, there should have been proper title transfer notices and other documents filed that would have prevented this from happening. A buyer should always immediately obtain the title, signed over by the seller, and notify DMV of the transfer, to prevent these things from happening.

If he decides to get the legal help he needs to file a suit, have him contact me, if this situation is in SoCal.

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Answered on 1/31/08, 6:20 pm


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