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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
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Experience:  7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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My Grandfather is Trying to Take Back the Truck He Gave Me

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First I'm in Las Vegas, NV.My grandfather gave me a pick up when my car broke down right in front of his eyes. He told me that he was signing the pickup over to me and then it would be my pickup now, and that he would ask me time from time to borrow it, but it was up to me to say yes. The following days; he went with me to get the pickup serviced, but the shop he went to didn't charge him a dime. He already asked me that same day if we could get the pickup smogged the very next week on my day off Wednesday, I said yes. The next few days; he continued to call me reminding me about the smog the next week. Wednesday came and he called me early that morning at 7 and said he was going over to a friends house to mow her lawn and said go back to sleep I will call you later. Later that day around 3 he called me and asked if I was busy and I reminded him that my wife had an interview at 345 so I was he said okay fine I will let you go. He called me later that night and said that I could go get the car smogged if I wanted to by myself so I agreed. The next day, he calls and says you did nothing I asked of you on Wednesday we were suppose to get the pickup smogged and you said you were busy and your just like your no good sister, he said you know what, how about next Tuesday we go get it smogged out of frustration I told him I was going to get it smogged, and he said you already got it smogged and I said yeah because I was getting angry and wasn;t thinking. he got angry and said you never listen and now I want my pickup back, and I yelled back at him no grandpa you already signed it over to me and it's mine and hung up in his face. Since then he has constantly called me everyday leaving voicemail after voicemail wanting his stuff back finally about a week later he asked for everything from the pickup and the $400 he gave me because he wanted to help me with the car insurance. So I gave everything back to him. Now weeks later, he says he is going to take me to court and get an attorney so he can get the pickup back. My question is, since I already have title in my hand and he already signed the title over to me in late june. Do I have anything to worry about?

Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good evening. I certainly understand the situation and concern. When he gave you the truck and signed the title over to you, were there any conditions that had to be met? It seems like the cause of all of this is the issue with the smog, so I am curious if when he gave it to you, he required you to get this done or if it was after the fact?
Customer: replied 1 year ago.

No; he told me after he signed the title over to me; that he would help me with the smog and that he wanted to help with the insurance; which he gave me $400 for, but was returned when he asked for all the things in the pick up and the $400 back.


Alll he told me when signing over the pick up to me when the car broke down that same day was, " I am givng this pick up to you and that I should have done it sooner, but I may need to borrow it in the future when and if I get my license back, but it will be up to you, and its still yours."

Expert:  LegalKnowledge replied 1 year ago.
Eric, thank you for the additional information. If the truck was given to you as a gift, freely and voluntarily by him and there were not condition imposed on it, then it would be legally yours at this time. While I understand that he may be upset about the issue with the smog, he never made it a requirement or condition to you taking possession of the truck. It is not a situation where you promised that it would be done if he signed over to you and it was only until after the fact, that he said he would "help" you take care of it. As such, while he may sue, he is going to have to have a legal cause of action to support his claim or else it could be dismissed by you.

Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 1 year ago.

I see; so what your saying is because he didn't give any circumstances before he signed the pickup over to me. And he freely gave it to me because my car broke down. Then I am safe, but what is a legal cause of action if I may ask?

Expert:  LegalKnowledge replied 1 year ago.
If he is really going to sue you, he needs to file a complaint and state within it, the base for which he is suing. He is going to have to show he has a legal right to sue you and recover the truck. If he fails to state one, then you can always file a motion to dismiss for failure to state a cause of action.
Customer: replied 1 year ago.

Awesome thank you so much for the help I appreciate it; One more question if I may ask and then I will go ahead and submit the "excellent service review".


 


He doesn't have any legal ground to sue me right because he willfully gave me the truck an d I didn't steal it.


 


Thanks again

Expert:  LegalKnowledge replied 1 year ago.
Based upon what you stated above, this was a gift, he intended to give it to you and is not trying to take it back, without a legal basis to do so. If he wanted to give you the truck and place conditions on its acceptance, he should have done so in writing and never signed over the title to you.
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Category: Legal
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