Legal Question in Criminal Law in Missouri

Our son was wanting to buy an ATV that was for sale, but due to a bad credit rating, was unable to obtain a loan. His brother-in-law (his wife's brother) offered to take out a loan and let our son pay him back, with the understanding this would only be for a couple of months, until our son got his income refund. Upon obtaining the refund, he was to pay off the note in full, which he did, at the bank where the loan was obtained. The bank then released the title to his brother-in-law. Fast forward 1 1/2 years. Our son and his wife are in the process of getting a divorce. He got a call last night from the local law enforcement that his ex's family was going to press charges against our son for 'stealing the ATV'! Our son explained he paid it off, but the officer said the fact the ex bro-in-law has the title, makes it his! Can they do this??? Can our son go after the bro-in-law for breech of a verbal contract, that he didn't provide the title as agreed, upon payoff of the loan? It has been in our son's possession the entire time. THANK YOU!!!


Asked on 8/02/10, 5:29 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Under the facts you described, it sounds like your Son has a civil claim against his brother-in-law. If there are records of the payments, then it is not merely an oral agreement. If he is successful, he may be able to fiel a claim for the fruadulent police reprot that the brother-in-law initiated by making a false claim of theft. But, your Son should keep in mind that the ATV is a marital asset, so in a way it is half his wife's vehicle too.

Good luck

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Answered on 8/11/10, 1:19 pm


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