Ask a Lawyer and Get Answers to Your Legal Questions
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.
How is she explaining that she signed the title?
Or did someone sign the title since it was in someone else's name?
Do you have any paperwork on the money she owes you?
The affidavit is from her?
Have you been contacted by anyone from the police department yet?
You mention that "she says...". Did she try to get you to give the car back or what was the purpose in her telling you that?
There is not a lot you need to do right now.
If you are contacted by the police under no circumstances should you give them a statement without a lawyer present and representing you. If you want to be prepared, then you can go ahead and hire the lawyer now and they can be "on stand by" in case the police call or you get arrested, which happens sometimes. Other than that there is not much you need to do right now.
You could also sue her for the remainder of the money she owes you and in the same lawsuit have the judge declare that the car is yours since she gave it to you and then the judge can also establish how much credit she should get for the car. Normally it would have to be sold at auction and then that amount applied but if you sue this would work as well.
If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.
I have to step away for about an hour. If you post any follow up questions I will pick up and continue when I return.
If you don't have any follow ups then I'd ask you to please not forget to leave a Positive Rating.
No, it's better not to talk to them at all. The problem is that anything you say can be used against you and if you call them and voluntarily make a statement then there is no realistic chance of getting it suppressed.
In addition, the police may remember the conversation much differently than you do and judges/juries tend to believe what the police say. I have seen a number of people contact the police and give statements "trying to clear things up" and end up facing charges because the police claim that person confessed.
Between contacting them without a lawyer and saying nothing, saying nothing is the much better idea.