Legal Question in Real Estate Law in Florida

My Ex Boyfriend bought me a car outright with the bill of sale in my name. He broke into the car and stole the title and went back to the owner and recieved another bill of sale. What can I do? I am a waitress and don't make that much money for an attorney.

Belinda in Florida


Asked on 7/23/10, 11:19 am

1 Answer from Attorneys

Shelly Schellenberg MI & FL private practice

You can file an action in small claims court against the boy friend and the seller of the car, assuming that the car did not cost more than $5,000. Do this in the local district court where either you or the BF lives. There are "self help" brouchures the court will give you that explains how to fill out the forms.

The boyfriend will probably claim that the car was not a "gift" but instead a "loan", or that it was given in return for some expected act on your part, like repayment, or in anticipation of marriage, etc. The judge will have to decide if you are "entitled" to keep the car. Did you provide financial support to the BF, let him live with you, buy his groceries, have sex with him, wash his laundry, take care of his kids?

The seller of the car should not have changed the bill of sale, once the transaction was completed, since he had no way of knowing whether it was your money or the BF's money that paid for the car, he would have been smart to just say "no" and stay clear of the problem between the two of you. You should name him as a co-defendant, as he was responsible for giving two different bills of sale, and he is likely to tell the truth, just to keep himself out of trouble. He helped the BF to take the car away from you, by providing a false bill of sale, depriving you of your property.

If you have a license plate, and registration in your name only on this vehicle, this is good evidence that you and your BF considered this car a gift, that it was not a loan. Get this from the county where you registered the vehicle if you don't have a copy.

You will have to pay filing fees to file in small claims court, but if you win, ask the judge to award you costs, in addition to the value of the car.

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Answered on 8/01/10, 1:48 pm


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