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in 2000, my niece asked me to buy my rv. we agreed on a price…

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in 2000, my niece asked...
in 2000, my niece asked me to buy my rv. we agreed on a price verbally. being a relative i agreed she and her husband could take it to thier home instead of paying storage costs. i kept the title. they were to send 3\4 payment to me at tax time 2001 and the remainder within 6 mths. i have recieved nothing. i tried to contact them and they have since avoided me. i tried to retrieve it and they have moved it away every time. i can not find my title at this time and have learned they still had it a year or so ago. people had seen them driving it. i'm thinking they have to had gotten a title replacment through fraud to even keep it on the road or sell it. her mother is my sister and has helped them every inch of the way. so i can't count on her to help. she has stolen from me since forever. HELP! can i do anything? i am disabled and live on ssd only. this is causing me great stress and can't get it out of my [email protected]
Submitted: 8 years ago.Category: Criminal Law
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Answered in 18 hours by:
6/23/2010
Criminal Lawyer: TJ, Esq., Attorney replied 8 years ago
TJ, Esq.
TJ, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 12,806
Experience: JD, MBA
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Hello and thank you for allowing me the opportunity to assist you.

You could sue your niece for return of the RV or the money that you were supposed to be paid. The case itself is cut and dried … you gave them the RV, and they gave you nothing. However, there may be a statute of limitations issue here. 10 years have passed, and in most states a contract cannot be enforced after that long. Still, you may be able to avoid that issue if you simply sued for the return of the RV as though you had merely let them borrow it. If you sue for breach of contract, then the statute of limitations may be an issue. As an FYI, I’m not advocating lying to the court … just that there may be more than one legal theory to argue in order to get back the RV. Since you never provided the title, and nothing is in writing, you can argue that the contract was never completed. I suggest you consult with an attorney in person so that he can file a lawsuit on your behalf.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

If the information that I provided is helpful, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!

DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.

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Customer reply replied 8 years ago
tjgesq. thanks for answering. i just wanted to ask a bit more.is my niece & her hubby not guilty of theft at this point? if they should choose to ignore me any longer would i not be able to report it stolen? we are in wi. if that helps you any. if they have attained a fraudulant title, and sold it or traded it in at some point, if i can believe the info i've heard through another relative, it's very possible, they've involved themselves & others in some big crimes. then someone else is involved with or without their knowledge also. and they might have no idea they have stolen property. after all this time, i am quite sure they will do nothing to make this right. do i have the option of just letting the authorities deal with them? meaning, report it stolen, contact dmv, advise them of a possible forged title, etc? there is no love lost between us or my sister, unfortunately. it wouldnt keep me up at nite like this situation has, to turn them in. i'll wait to hear from you i slept good last nite just because i did SOMETHING just by writing the first time. again thank you for caring enough to respond.
Criminal Lawyer: TJ, Esq., Attorney replied 8 years ago
Hi again. You can try to file a report with the police (it certainly wouldn't hurt), but my guess is that the police will consider this a civil dispute rather than a crime. Theft if generally defined as unlawfully obtaining property. In this case, your niece obtained the RV lawfully ... you purposely gave it to her. The fact that she didn't pay you is a civil issue. Therefore, I believe that your best course of action is to sue your niece civilly.

If the information that I provided is helpful, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!

DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.

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