Sold Car and balance was not paid as promise, can I report the car stolen?

Question

I sold my car to my family member for $1500 and she paid me only $600, I still carry title and registration to my name. I do not know where she is, can I report the car stolen and retrieve it? She gave me a check for $800 with an account closed, so I did not received anymore funds from her.

Answer 1

In most states a bad check in that amount would be considered a felony. Some questions that need to be answered are: 1.Was there a written contract outlining the terms of the sale? 2.Did you do the paperwork to file a lien on the title? 3.Did you fill out the necessary paperwork to transfer the car into the new buyers name (whether you turned the paperwork in to the dmv or not)? It would certainly be a good idea to consult legal counsel.

Answer 2

No you can't. You obviously have an agreement with the buyer and that makes this a civil matter. The police won't get involved in this, you need to sue her for the return of the vehicle.  

Answer 3

well if theres no paperwork and wierd stuff, then probs not. no proof they had to pay 1500 dollars, they could simply say you said i only had to pay 50 dollars or something and get away with it.

although if there isnt proof she paid you, then possibly you could (you'd probaly just get the car back)

Answer 4

Yes, Tim is right. Report the car stolen & report the bounced check as well. There were several crimes committed here. Stolen vehicle, financial fraud against the banks closed acct, & theft by deception. She probably told you the check was good & as a family member, you trusted her. Love & business always need to be kept separate. It's hammer time! And I mean a judges hammer that is. As much as the family is important to al of us, that sort of c**p is unacceptable. Why did she think committing any crime is an acceptable form of behavior. Family or not, she has done you wrong big time. If you pursue serious legal action, it will ruin your relationship with many a family member for a long time. Until you have exhausted all options to make things right, then take legal action. G'luck!

Answer 5

Do you have any paperwork recording the deal made? Did you write up an agreement and have her sign it? If not, on the "memo" at the bottom of the check, did she write "balance of car payment" or anything similar to that?

Without any paperwork to back you up, you don't stand much chance of filing any charges against her. At the very most your local police can file a "Driving Without Owner's Consent" report. If they should spot the car, they can impound it and have you pick it up. But they may charge you an impound and storage fee to retrieve it.

If nothing is written on the check indicating that this payment was to pay for the car in full, or if you have no paperwork expressing in detail the payment arrangement, you have no recourse except to file a claim against her in small claims court. Since there is no indication that fraud was committed.

But in order to complete the filing, she needs to be found so you can have her served with the subpoena. Your best bet right now is to have your local police file a "Driving Without Owner's Permission" report and hope they find your car. Good luck

Answer 6

yes .. if the car is in your name. i would report the car stolen  asap..  if you call you local police they can tell you forsure the law in your state /city .. but if she paid you cash .. and has no bill of sale and the car is still in your name report it stolen asap.  Before they trash out the car..