So how legal (or il) is this? (TexLaw??)

Bobby_M said:

She'll have to take YOU to small claims to get back the money she paid already and she better have some proof that she did pay it. You could say you loaned her the car and never returned it. In fact, unless she has a contract signed by both of you as to the arrangement, YOU can report the car stolen right now and the cops will go get it.

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TexLaw said:

While we're talking about bad ways to do things, don't go lie to a judge or the cops, ever. The facts WILL come out (e.g., "what do you mean you loaned the car to her six months ago and she never returned it? Why did it take you so long to do something?"). When you're already wearing the white hat, like this guy is, don't screw it up by lying. You will become the bad guy in a hurry, and you'll get screwed (by yourself, for that matter).

Nothing . . . I repeat . . . NOTHING pisses off a judge more and faster than a liar. Once you've lied, you've lost ALL credibility, and there's no getting it back. Once you've lost credibility, you've lost the case. Period. The end. Put your pencils down. Close the book. Go home. You lost.

That's free legal advice you can take to the bank.


TL

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Ultimately, it's a civil matter that involves a civil judge deciding what the terms of the sale are and who actually owns the car. If he "sold" it to her then he has given her rights to the car. Was there a bill of sale involved? Who has an insurance policy on the vehicle? Who paid the registration renewal?

This isn't really a situation the police get involved in sorting out until he actually takes the car back. She will call the police and say its her car and it dissappeared and she has no idea who took it. She will show some registration or insurance with her name on it establishing control over the car so then the police will report the car as a stolen vehicle unless they get any wind that it could be the original owner getting it back. She will probably hide that pretty well. Then, if the car is stolen your buddy will get stopped on a felony traffic stop at gun point, handcuffed, and hassled until he can show that he does have ownership of the vehicle.

That's worst case....best case would be for him to contact the police department where the female lives, explain the situation, show proof of ownership, title, etc. and then recover the vehicle. Then when she goes to file a stolen vehicle report the PD will already know the back story. It ultimately depends on the details of how this "sale" went down so since I don't know the exact specifics none of this is specific legal advice for your buddies situation.....just general brainstorming on similiar scenarios.

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