Legal Question in Civil Litigation in Louisiana
On December 16, 2009, my son gave me a new car for Christmas. On December 17, 2009, he told me that the car was mine no matter what happens between us. I had been helping him out with his 5 children and housekeeping. On January 23, 2010, his wife called me and told me they no longer needed my services due to the fact that they found out I had given out personal information my son had told me. I had discussed the information with his sister because of the seriousness of the issue.
His wife told me on the call that my son didn't want me to take the car out of town although they both knew I would be going out of state the next weekend to car for my elderly father. I told my son's wife at the time that not taking the car out of town was impossible because I was going to have to leave the area since I could no longer afford the apartment my son had gotten for me. And I told her to have my son call me.
My son and I have never discussed the car situation since I left.
I am now in another state staying with my brother and looking for a job. I still have the apartment in my son's town until the end of April 2010.
Yesterday my son's wife left a voice message stating that I was to return the car to their home town asap and if I did not she would come here with the police, take the car, and charge me with auto theft. She also said she was taking my name off their insurance (my name has been on their insurance many years before my son purchased the car in Dec, 2009.
My youngest daughter has told my brother and my other daughter that my son says the car is mine. Yet it's not to be taken out of town. I have not spoken to my son because I'm told he isn't a good "place" right now to talk to me.
The car is in my son't name because his name is on the loan. He is in TN. I am in Louisiana. The car is mine.
Can I be arrested for car theft eventhough I definitely did not steal the car?
What is my recourse?
Can I stop the harrassing text messages and calls from my son's wife? (I've told her and my son that I do not want to be contacted by her....only my son) She recently sent me an email stating to leave them alone although I haven't contacted them since Jan 28 and then only my son.
Do I have to be a captive living in their town in order to keep the car my son game to me as a gift?
I'm not sure what category my concerns should go but thank you.
1 Answer from Attorneys
There are too many details that must be discussed to do it here. Obviously the car was NOT a gift to you since they are threatening to take it back. Since it is in his name and the loan is in his name, you need to contact an attorney where you are right away.
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