Legal Question in Criminal Law in Tennessee

Is this auto theft?

I agreed to let a man buy my car after he got back to Dallas after his car had burned up while traveling through here in Tennessee. I know this all sounds strange but I was conned. This man showed me pictures and news clippings of him with big stars like Jay Leno and Oprah Winfry pushing an real best selling book. The man in the pictures was the same man as his Texas Drivers license showed. He gave me a check but told me not to cash it saying he would instead send me a money order for the car when he got back to Texas. He called me the next day to say he had made it to Dallas and the money was on the way. When the money didn't come I looked back at my caller ID and saw he had called from a pay phone in New Mexico. I then searched for the business that his check was written under and got a hold of someone who had been called by several other people about this man for similar reasons. No money ever exchanged hands because the check he gave me was not to be cashed, was not the selling price and the check is on a closed account and is no good (I have since found). I never wrote a bill of sell and I have the title. Is this a civil (uncompleted auto sale) or criminal matter(stolen vehicle)?


Asked on 9/06/99, 10:47 pm

1 Answer from Attorneys
Jes Beard Jes Beard, Attorney at Law

Re: Is this auto theft?

It's probably not auto theft, though it might be. It clearly IS theft with respect to the bad check. You also can clearly file a civil action against him.... although getting him served would likely be a problem.

And even if the facts wouldn't make out a cse for auto theft, they clearly would for unauthorized use of the car... and filing some criminal charges that include the car is probably the only way you will ever see him or your car again, and even then only if he is caught, arrested and extradited back to Tennessee.

Good luck.

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Answered on 9/12/99, 3:01 pm


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