Legal Question in Criminal Law in Virginia
What to do?
Senario
Around Dec 06, a friend received $300 from girl friends father so they could get married.
Friend gave girl friends father truck to hold (title remained in friends name and possession).
Friend was supposed to work off $300 by helping girl friends father on jobs and plus pay $. There was nothing in writing, no set schedule, no notes signed etc.
Somehow, girl friend and/or father got a duplicate title to truck, forged signatures on title and registered it in fathers name.
King George DMV said there was nothing they could do.
Any ideas or suggestions? Friend wants truck back.
Does friend have any recourse?
Everyplace he goes, they send him somewhere else.
2 Answers from Attorneys
Re: What to do?
If the value of the truck is $4,500.00 or less have your friend file a claim in small claims court. This would be under the General District Court in King George County. The clerk will likely help with the filing.
Also, if your friend decides to marry this girl he may want to think about a pre-nup.
Re: What to do?
Criminal charges may well lie against
the ones who apparently forged signatures in order to obtain property under false pretenses which did not belong to them nor to which they were
entitled. The forged documents were then apparently registered with a state agency (DMV)which caused further perpetration of the fraud by generating a bogus title to the converted vehicle. Other criminal charges may also be applicable and, consequently, it would seem appropriate that your friend bring this matter to the attention of the local commonwealth attorney's office to
evaluate for possible prosecution.
If the truck is worth substantially more than $5000(the jurisdictional limit for small claims court), your friend may also wish to consider filing a warrant in detinue in the local general district court requesting the return of the truck from those who have wrongfully taken it, or, in the alternative, a judgment for the FMV (fair market value) of the
vehicle.
Related Questions & Answers
-
After pleading guilty after my husband was advised to plead guilty,we put in a... Asked 3/01/07, 10:43 am in United States Virginia Criminal Law
-
Sentence suspension time i know nothing about law and realize this is probably a... Asked 2/27/07, 6:07 pm in United States Virginia Criminal Law