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Relationship Partner with BPD (Straight and LGBT+) => Romantic Relationship | Conflicted About Continuing, Divorcing/Custody, Co-parenting => Topic started by: Deb on February 04, 2017, 11:46:25 AM



Title: This can't be legal, can it?
Post by: Deb on February 04, 2017, 11:46:25 AM
Last night, my SD's ex took her truck. The one he lefy her with 4 years ago, that is both their names and she paid off and has had repaired. When he left, he didn't want it because it barely ran. He had a new plate and registration from a different state! She never signed off on the truck, so how can he get it registered in his name only?

Oh, and he and his PD'ed GF, assaulted her in the process and he tried to punch her in front of the cops. Yes, she is going to  court on this, to see if NOW she can get a PO. It was denied before.


Title: Re: This can't be legal, can it?
Post by: livednlearned on February 07, 2017, 05:12:58 PM
I was under the impression, too, that you cannot transfer the title of a car from two people to one unless both sign off on it, or unless there is a court order.

Have you gone down to DMV to ask?



Title: Re: This can't be legal, can it?
Post by: GaGrl on February 07, 2017, 06:05:28 PM
It may depend on whether the title registration says "Person 1 and Person 2" or "Person 1 or Person 2".


Title: Re: This can't be legal, can it?
Post by: ambivalentmom on February 08, 2017, 07:29:06 AM
He might have stated title is lost; I would also check with DMV.  Maybe call the other state's DMV with the VIN as well.  I'm sorry to hear that your SD is going through this.  I hope having the police involved will make a difference and that you are able to get the truck back/reimbursed. 


Title: Re: This can't be legal, can it?
Post by: ForeverDad on February 08, 2017, 10:18:09 AM
Seems he's pushing hard for her to retreat, cower and appease.  Who blinks first?  Brinkmanship.*

*  the art or practice of pursuing a dangerous policy to the limits of safety before stopping

Even if they were in some way co-owners she was the one with the history of possession.  She has a right to contest a major change and seek a legal determination.  Do some fact finding at DMV (perhaps the state's title agency?) then determine how best to proceed.  Don't delay too long before filing a report with the police.  If she doesn't promptly file a report it may weaken her claims.

I suspect a fraudulent signature.


Title: Re: This can't be legal, can it?
Post by: Meili on February 08, 2017, 10:31:33 AM
Another option that people have is to get a bonded titled. That would be a bad plan in this case because he would stand to lose the bond if she contests the transfer. But, people don't always think clearly and/or rationally.

As others have suggested, checking with the title office in the new state that the truck was registered in is the best place to start.


Title: Re: This can't be legal, can it?
Post by: ForeverDad on February 08, 2017, 05:08:54 PM
Still, check with your own state's title agency to determine what they have on record.  After all, it's close by and they'll surely have docs if a sale or re-title was filed from elsewhere.


Title: Re: This can't be legal, can it?
Post by: Deb on February 08, 2017, 08:00:45 PM
Thanks for all your replies. She calmed down enoiugh to tell me that it's complicated and he has been told twice to take her to court over the truck. She said he can have it IF he pays her half of it's current worth. And she told him that before. She has paid off most of it and put in $$$ to have it fixed and in good working order.

There is a bright side to all of this: ALL of her neighbors came over to support her. She barely knew some of them. They told her that her ex and his GF have been driving through the neighborhood for a few days. One came forward and has a decent older car that he will sell her for dirt cheap. And a detective called her yesterday and told her "He's crazy!" LOL! The bad side is because he went back to his state, they can't serve him with a protection order until he comes back. But the cops have his number and so do all of her neighbors.

I will tell her to calll the DMV in his state and see iof they can give her info on who signed off on the title because SHE sure didn't.


Title: Re: This can't be legal, can it?
Post by: formflier on February 10, 2017, 09:29:29 PM


I will tell her to calll the DMV in his state and see iof they can give her info on who signed off on the title because SHE sure didn't.

Also a call or "free consultation" with a lawyer could answer the question if a fraudulent signature is a civil or criminal matter... .and how to proceed.

I would recommend that they stop talking about the truck... and that she put what she says in writing... .

In fact, I would bet a well written demand letter would be an attorney's advice for step 1.

FF


Title: Re: This can't be legal, can it?
Post by: Deb on February 11, 2017, 07:28:50 PM
Formfler,

she has an attorney. A good one who sees how bad the ex is. And she spoke to him about this. Don't know what he said, but hopefully he has plans for whenthey go to court next.

And here's a bit of What the heck? ness: They attacked her a couple of hours AFTER they got married. I mean, seriously? Most folks go on a honeymoon, or have a party of at least go out to a nice dinner after they get married. But those two? No, they assault his ex. SMH.