Legal Question in Criminal Law in Texas

I was notified by a friend I lived with last year regarding a repossession company whom came by her house looking for my car, due to an apparent $750 auto loan debt . To my surprise, I was unaware that my title was even missing. I went to the DMV to verify whether or not my title was clear, or if it had a lien. After discovering the fraudualent lien and acknowledging the dissappearence of my car title; I tried to file a police report, but they advised me to speak with title loan company first. Moral of the story; both my title and my drivers license were used under false pretense. What steps do I need to take in order to solve this dilemma?


Asked on 4/12/11, 4:21 am

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

What do you mean that your driver's license ad title were used under false pretense? That someone stole your title and got a loan against your car? If so, if you can do so, determine who the "loan" company is and contact them directly about the fraudulent loan. They may have to file a police report against the person to whom they gave the loan.

Once you have taken the steps with the loan company, I would talk to the police again about the theft of your title. Someone had to have access to it - you need to think about who that might be.

In Texas, the person in whose name a title is written is presumed to be the owner. If you do not have the title to the car, then you could have real civil law problems. (You posted this question under criminal law.)

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Answered on 4/12/11, 2:53 pm


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