Vehicle recovery question

[ProudBro]

About 3 years ago, I fell victim to a fraudulent check as payment for a vehicle I sold on ebay. The bank told me it cleared a week later and I transferred the vehicle to the purchaser. Not 2 days later, I received the check returned from my bank and the funds withdrawn from my account!
It was my fault for not obtaining the persons "true" name, address, etc...

I lost in small claims court against my bank as there is a law which stipulates it is the responsibility of the person who deposits the check to ensure the validity :mad:

Here's where the twist comes about. I've been keeping an eye on the local classifieds and online. My brother (who's w/ the NYPD) recently ran a vin check and noticed the vehicle was recently registered and a title was issued in a nearby county.

The funny thing is, I still have the title!

When I found out about the fake check, I went to my local precinct and was instructed to file a report of fake paperwork (I can't recall exactly what it was.) But I never filed a stolen vehicle report. I was pretty disappointed when the detective called me back and told me there was basically not enough "bang for the buck" and they weren't going to do anything about it. I understand there just isn't a budget to go searching for my vehicle and the criminal, but it just upset me hearing they didn't care about my financial loss.

Anyway, with this new information, what would be your best advice for going about recovering my vehicle?
And which agency would be a better bet? LAPD, LASD...contact a detective in the county it was titled in? DMV wouldn't really assist me. Ideally, I'd like to just drive out there and repo the vehicle myself :D

Thanks in advance

[Samuel]

A lot of gaps. Try contacting the forgery/fraud department of your local agency.

[mcsap]

SO does this mean that you NEVER completed the title transfer to the new " owner " ??

If not , then the car is still legally in your name. If it was obtained fraudently , and you went and " reclaimed it...it would not be a theft on your part.

Be very careful how you proceed here. If the VIN still shows you as the owner, you have the title in your name than I would consider it your car. If ALL of this is legal and true, have someone go " repo " the car. Check with your brother-in-law to make sure this is legal in your state.

If you did that here and immediately called the police afterwards and came and showed us all of your paperwork...then if the " owner" wanted to report it stolen , we would tell him it is civil and we won't get involved.

Again, be careful if you do this. Do not get into a confrontation. pay a repo guy to go grab the car and go. You might even be able to get a new key cut with the title in hand at the dealer. WOUld make life easier.

[ProudBro]

Thanks for the responses. I believe I forgot to mention I'm in Los Angeles.
Well the good news is I still have a key. I always kept it around "in case" I ever came across it.

Now here's where it gets icky. When the guy came to pick up the vehicle (at the time just after the bank said the check cleared) I gave him the title which was an NY title. There weren't any plates on it because I had to relinquish them as per the laws in NY.

As soon as I found out the check was bad, I contacted the NY DMV and paid for a duplicate title (which I have.)
So as far as I see it is in my name currently.

Where would I even begin to look for a repo guy? It's obviously worth the money to me if I can reclaim my vehicle because I've been put out over $5,000

[Samuel]

Yellow pages.

How can you be the "current owner" if the vehicle "was recently registered and a title issued"? You may be looking at a civil matter.

Make sure you have a leg to stand on before you start taking independent action.

[ProudBro]

that's what I'm afraid of and why I'm asking for advice on where to begin.
I don't know the persons real name, and therefore don't think I can bring suit against him until that time. Another worry is a reason given to me in the precinct when doing the paperwork, is that it's possible the person who came was a courier and the police cannot prosecute the courier.

[Samuel]

There seems to be way too much info missing - too much to get into online. All this should have been covered when you first contacted your local agency 3 years ago. Like I said before, go contact your local agency, tell them the WHOLE story, and then ask what your options are.

[ProudBro]

I'll certainly heed that advice. I guess I never fully understood the reason they didn't have me file a stolen vehicle report. It's such a grey area how the vehicle wasn't stolen but was conned out of my hands.
Thanks again

[Piggy]

Depending on the value of the vehicle, you may consider paying a few hundred bucks to talk to a private attorney, go over all of your paperwork, and see what can be done.

[phantasm]

Thanks for the responses. I believe I forgot to mention I'm in Los Angeles.
Well the good news is I still have a key. I always kept it around "in case" I ever came across it.

Now here's where it gets icky. When the guy came to pick up the vehicle (at the time just after the bank said the check cleared) I gave him the title which was an NY title. There weren't any plates on it because I had to relinquish them as per the laws in NY.

As soon as I found out the check was bad, I contacted the NY DMV and paid for a duplicate title (which I have.)
So as far as I see it is in my name currently.

Where would I even begin to look for a repo guy? It's obviously worth the money to me if I can reclaim my vehicle because I've been put out over $5,000

So the "buyer" had a signed copy of the title dated prior to you getting a new one. Sorry, but you'll have to file a police report for the fraud (if you haven't already done so), and hope for the best. The guy who registered the car now may not even be associated with the guy who ripped you off.

Statute of limitations in NY on most felonies is 5 years. You'd have to file the report from where you lived at the time of the sale.

[Creeker]

As for where to find a repo guy, I've known of Private Investigators who did some of that type work.


Do everything else first, though.

[mcsap]

Any car dealer ( especially the Buy Here-Pay Here type) use repo guys regularly and of course banks do as well.

[ProudBro]

Thanks for all the responses.
After hours spent driving between precincts, sitting in dmv offices, going up and down floors talking to different people, I pretty much am still where I started.

I first went to the nearest station and spoke w/ a detective who asked me to come back the next morning. Took off work. Spoke w/ him in the morning and he listened and sent me to another station to speak to someone in financial crimes.

About 1 hour w/ this lady who explained the possibility that the person who I gave the van to may not have been the one who created the check, and even so, the writer may not have been aware it never cleared. (sure, especially w/ all the writing and calling I did after.) She suggested I go up to the auto detectives and maybe they could help.

This detective looked up a pretty comprehensive history and told me that in '05 it was impounded, and then eventually sold and registered. So now the current registrant can't be held liable. He suggested I go to the local DMV and speak to an investigator. The would be able to go thru a history w/ me and I could look at pictures of the people had the vehicle to identify the person who took it from me.

I was told immediately at the dmv that there is no investigators at these offices anymore but a clerk could help me. After an hour sitting waiting for my number, I was told that they couldn't do anything and was given the DMV investigators address.

I called the investigator and was told to bring in a form, which I spent all morning at. Basically they send a request to Sacramento and get all the stuff off microfiche. But in the office we spoke for about an hour telling me that they had no history in California of the vehicle, and thats why when (if) it was impounded, they wouldn'tve contacted me because of an out of state title. They said I have to find this person who took the van from me and bring him to court. The only way I thought I could find this guy is by going back in the vehicles history, but now I see even that won't help.

So obviously I'm mad that I was never contacted when it was impounded. Does anyone have any other advice?
Its been so frustrating to have been sent all around and learning that each party has access to all the same records and yet no one can help.

[Samuel]

The persons you have already contacted should be able to tell you what your options are. Everyone here is only getting bits and pieces of the story. Btw, when you say precincts, I have no idea what you're talking about (e.g. different stations/divisions, different departments/agencies, etc) - I don't know of any LE agencies in CA who use the term precincts.

[mcsap]

If the car was impounded and than sold and reregistered....sounds like you are out of luck. Had you done this 3 YEARS ago, you would have been OK. Your issue is with the person who " bought " your car , not the current registered owner.

It sounds like the current owner legitimately bought it as a result of an unclaimed impound which erases any former liens or owners.