criminal Vs. civil...Need Advice plz!

[Michelle]

Two and a half years ago, my stepfather purchased a car for me as a gift. However, the car could not be put in my name as a result of financing so it has been in his name. The plan was that as soon as it was paid off, he would sign the title over to me. At that time, I already had a car and I was supposed to give it to my younger sister since I was getting a new car. Well, she sold it and I did not receive any money from that transaction. Every time my mother and her husband argue he threatens that he will take the car away from me. He is controlling us via this car because she does not want the car to be taken away from me (because I have a young child). Recently he has threatened me with the car, but this time he wants me to take over the rest of the loan. According to my legal counsel, I have a case for breech of contract and I am also entitled to the value of my old car since it was a "condition precedent" to the original agreement. Since I do not want to purchase the car from him, I would like to be reimbursed for my old car. I was advised to keep the car from him and use it as a bargaining chip to be compensated for my old car. In other words, his car will be surrendered when I receive money. Now if I hide the car from him, could I get in trouble criminally? Or is this a civil matter? Could I get arrested even if the car is not in my immediate possession but I know where it is? Any information that you could provide will be greatly appreciated!

[txinvestigator1]

These type of things are always bad, but I don't have to tell you that!

In Texas, What you have described between your stepfather and you is illegal. The car belongs only to him. You have no rights to the car AT ALL.

The deal between your younger sister is a SEPARATE and different transaction.

I am not an attorney, but here is what I would do. Give your stepfather the car back TODAY.

Your "Legal Counsel" IMO, is giving you immoral and unethical advice.

You could always sue your younger sister for the value of the car you gave her.

If you do not do what I suggest this will turn worse that you can ever imagine.

You should get your own car.

[Michelle]

Thanks for your reply! I consulted legal services at UT Austin and that was what the lawyer there told me to do. I am glad that I did not! I am in the process of buying my own car...just wanted to know what I could do to receive the money from my old car.

[Stump]

I don't understand how it could be considered breach of contract.

I echo some of what TX says. The car is titled in his name only. He is the owner of the car. If he were to call the cops, they would look at the title and say "Look, Michelle. It is his car. Give it to him. Oh, you say you have been paying for it? Well, you'll have to take him to court then. Its not a police issue."
I believe it is a civil matter in this case. If you can prove that you have made all the payments on this car or have some equity in it, you might have a shot. If he is paying for it all, and said that he was going to sign it over to you when it is paid off, I'm not sure if you can say it is breach since the gift is anticipatory. Were there any other requirements that you had to follow in order to get the car? For example: did you have to live at home, maintain B's or better in school, get and keep a part time job, pay for all car maintainence?
I say talk to a real lawyer if this is the case. Since he said he would give you the car if you gave your sister the old car, you might have a shot. However, I am not a lawyer... only law classes at college, and watching Judge Judy.
Good luck. Stand tough and don't put yourself in that situation again where you are dependent on someone like that. It is a recipe for disaster and a form of mental abuse.

[txinvestigator1]

Hey, nobody cussed at me or questioned my parentage here. I feel unappreciated

[Norm357]

Originally posted by txinvestigator1
Hey, nobody cussed at me or questioned my parentage here. I feel unappreciated

Yo mama is a chevy small block so there:D

[Jynkxxie]

Originally posted by Norm357
Yo mama is a chevy small block so there:D

LMAO! Is that what you were looking for Tx?

[txinvestigator1]

Now I feel normal.

[Norm357]

Originally posted by txinvestigator1
Now I feel normal.

Glad to help.:D

[mcsap]

Every time I get one of these scenarios , I just ask...whose name is on the title ? The answer I get is the owner of the car, end of my involvement. It is that easy. The rest is civil.