What to do about a false allegation of car theft?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do about a false allegation of car theft?
I bought a vehicle from a family friend about a month ago. I did not get anything in writing but was verbally told that she would mail me the title. I have been asking her for itand now all of a sudden she said that she is going to file charges for theft of the vehicle if I do not bring the it back. I paid her $2,300 for the vehicle. I have 6 witnesses that were there at the time of the transaction. Can she legally file after I already paid?
Asked on August 11, 2011 Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
1) If there was an agreement to sell the car and you paid as per the agreement, then no, she cannot change her mind and no claim it was theft. Once the agreement is made, it binds both parties. So if you can prove the agreement (e.g. with your own testimony and witnesses) and that you paid her the money (testimony, witnesses, cancelled check, receipt, etc.), you should be fine.
2) Even if you she can somehow claim and show that there was no agreement--maybe only preliminary discussions and you jumped the gun by taking the car--if you can show that you paid her the money, it should be that you can't be convicted of theft, since the requisite criminal mind set or intention would not exist. The worst that should happen is that she might be able to take civil (not criminal) action for the return of the car--and would have to return your money to get it.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.