Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

Where do I start. Two years ago I was asked by my Mother if

I wanted a 1990 Nissan...
Where do I start. Two years ago I was asked by my Mother if I wanted a 1990 Nissan Stanza that belonged to my brother because she had given him his Dad's car and he was okay with me having his old car. Recently, he called the police and said that I had stolen his car even though he gave his consent for me to have it. In the interim, the Title went missing so he applied for a duplicate replacement Title so we could get this show on the road as he was going to gift me the car. Where do I stand, legally, in this mess since I have spent over two thousand dollars maintaining this car as if it were my own. Any suggestions and do I have the right to sue him and do I have he right to file a counter claim against him for fraud.
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 2 minutes by:
7/8/2013
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,723
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Verified

Alex Esquire :

Hello. My name is XXXXX XXXXX I will be glad to help you.

Alex Esquire :

Are you online with me?

Customer:

Yes

Customer:

Did you read my question

Alex Esquire :

Yes I did

Alex Esquire :

Welcome to JustAnswer.com

Alex Esquire :

I am sorry to hear about this unfortunate situation.

Customer:

Try living in it

Alex Esquire :

Can you please tell me if your brother has taken this vehicle from you yet?

Alex Esquire :

Have you been sued by your brother or questioned by the police about the situation?

Customer:

No, he hasn't. He called the Police and filed a report that I had stolen the car from him and its been in my possession for two years now and he's been driving around in a 2005 Camry and I have reason to believe that my mother has something to do with this. I got a letter from her attorney saying that the Police were going to issue a warrant for my arrest if I didn't return the car and I told my mom that I wanted to be reimbursed for all my expenses related to the car and he's disabilty and I'm afraid that if I go to the Police Station that I might or could be arrested.

Alex Esquire :

I understand

Alex Esquire :

Well, what evidence or witnesses do you have that can prove that your brother had voluntarily given you possession of this car?

Alex Esquire :

Is the car registered and titled to your brother?

Alex Esquire :

What about insurance?

Customer:

Because originally the car was going to be gifted to me and its only come to my attention that the Title was lost.

Customer:

The car is registered to my brother but I do not know if it is also titled to him as he's on SSDI. My mother set this up back in 2011 and yes I just got new insurance for this car and we're both listed. I've been paying for the insurance and I am listed as the primary driver on another policy that my mom pays for because she said it was expiring

Alex Esquire :

Do you have anything in writing that shows that the vehicle was intended to be given to you as a gift?

Alex Esquire :

Did you have an exclusive use of this vehicle in the last 2 years and were the only person who drove it?

Customer:

No, I don't. It was a verbal agreement which is legally binding here in MAss

Alex Esquire :

Unfortunately, verbal agreement when it comes to a transfer of ownership of a vehicle is not legally binding.

Customer:

Yes, I had exclusive use of this car for the past two years. I live on the South Shore and I was the only person who drove and when it broke down I paid for the repairs

Alex Esquire :

Not under Massachusetts law. Due to statute of frauds, such transfer does have to be in writing.

Alex Esquire :

I understand.

Alex Esquire :

I am afraid I do not have good news for you.

Customer:

Of course not. I'm screwed huh

Alex Esquire :

Basically, if the vehicle is legally owned by your brother, you would have to return it to him upon a written demand.

Customer:

Its still up in the air who actually owns the car. My insurance agent said that it looks like it belongs to my dad who passed away

Alex Esquire :

While you could sue him for any costs associated with maintenance of this used vehicle, it would be difficult to support such lawsuit, since your brother could counter-claim that since you had an exclusive use of the vehicle and were the only one who got the benefit of having this vehicle, that it would also be your responsibility to maintain and repair this vehicle during the time that you had it in your exclusive possession.

Alex Esquire :

I understand.

Alex Esquire :

Please do not be angry with me, as I do have professional obligation to provide you with correct answer, even if the answer is not favorable to you.

Customer:

So, I should just disown my family

Alex Esquire :

Another issue here, is that it appears that your mother who initiated this transfer of the car, now turned against you? Am I correct?

Customer:

Yes, that's correct. So, where does that put me? Sue my mother for fraudulent intent

Alex Esquire :

It is a difficult situation.

Alex Esquire :

It would be your word against your mother's and brother's word

Alex Esquire :

So basically, the judge will look at the current legal ownership of this vehicle and generally would make a ruling based on that.

Alex Esquire :

Also, I would imagine that the market value of this 1990 vehicle is relatively low?

Customer:

Not sure of the Market Value. Sh'e just mad cuz I woudn't pay the Excise tax and I said that until there's a title I had no obligation to so its looking like my family has managed tp perpetrate fraud on me and get away with it.

Alex Esquire :

I completely understand how frustrating this is for you.

Alex Esquire :

Do you think there is a way for you to work this out with your mother and your brother?

Customer:

He was trying to blackmail me into giving him 500 dollars for the car and my mom pays for all of his expenses. When my dad passed away she was on the phone to me ten hours a week for three years and she wanted to give me this car because it would give me something to do and now I feel like I just got it tucked up my butt for helping my mom deal with things she has no experience with and this is my reward. During all of this I was going to school full time and didn't have a lot of free time. She also saw fit to give me grief about work I had offered to do before the car came into play and dad died and then she had someone else do the work so I'm thinking I'll get a few more opinions and then I'll disown my family.

Alex Esquire :

I completely understand how frustrating it is to be let down by your close family members, unfortunately this can happen to the best of us.

Customer:

So, I should just move on or something

Alex Esquire :

I would suggest that it would not make sense to deal with the police and potential car theft charges, but rather would make sense to return the car and look into potential small claims lawsuit against your brother, which as I said, might be an uphill battle.

Alex Esquire :

I am very sorry about what happened to you, but what goes around comes around and if your mother and brother are being unfair to you, it will eventually catch up to them, one way or the other.

Customer:

Actually it would be against my mother because she initiated all of this and I was told that since my other brother didn't want the car that I could have it and as we have progressed over the last several years numerous things seem to have gotten in the way and skewed the original intent.

Customer:

Which was to help me out because I was on the phone to her for over fifteen hundred hours and if I could send her a bill I would but I have to agree that in time this will come back to bite them in the ass like the boy that cried wolf and when they really need me I just won't be there.

Customer:

How do I get a print out of this conversation for reference?

Alex Esquire :

Do you know how to copy and paste?

Customer:

Yes I do

Alex Esquire :

You can copy and paste our chat into Word or your Notepad.

Alex Esquire :

Do you have any related follow up questions for me?

Customer:

I don't have a note pad I have a flash drive that I can use will that work?

Alex Esquire :

I can also ask out customer service to email a copy of this chat to you, once you rate my answer and the question is closed.

Alex Esquire :

would that work?

Customer:

Lets do that instead and send it to me as a PDF

Customer:

If you would please

Alex Esquire :

I will ask the customer service to email the chat to you. Not a problem!

Alex Esquire :

I wish you the best of luck. Please click on the "excellent service" rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required.

Customer:

You were going to get an Excellent Service Rating any way's Alex

Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,723
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Verified
Alex J. Esq. and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask Alex J. Esq. Your Own Question
Alex J. Esq.
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,723
16,723 Satisfied Customers
Experience: Experienced Licensed Attorney / Criminal Law Mentor

Alex J. Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,175 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,014 satisfied customers

16 yrs. of experience including criminal law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

RobertJDFL

RobertJDFL

Lawyer

1,812 satisfied customers

Experienced in multiple areas of the law.

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,623 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
I got charged with a MIsc domestic: Assault 4th deg- 4*1.
Hi, i got charged with a MIsc domestic: Assault 4th deg- 4*1 … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
It has to do with a strangulation charge in WI, are you able
It has to do with a strangulation charge in WI, are you able to help? … read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
55 satisfied customers
My wife went to jail and hid my car is there anything I can
My wife went to jail and hid my car is there anything I can do? … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,029 satisfied customers
Can a parole officer legally violate you 3 months after a
can a parole officer legally violate you 3 months after a problem? with a blo n go with out eny proof that you were drinking.i do know that there is a list of things that can make it foul up.. … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,251 satisfied customers
Recently two CHP officers came to my home, i was not there.
recently two CHP officers came to my home, i was not there. for 20 minutes they demanded entry, refused to identify themselves, and when they became angry, told my sister in law I was going to kill he… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
My Son is located in Southport Correctional Facility. He was
My Son is located in Southport Correctional Facility. He was beaten, choked and CO's planted a weapon on him. This happened in Frankin Correctional Facility To Paul MJD… read more
Help4Health
Help4Health
Attorney and Counselor at Law
Doctor of Jurisprudence
31 satisfied customers
Can I press charges if someone came to my door falsly
can I press charges if someone came to my door falsly accusing me of and action that i didnt do. slash my tire and punch me in the face without knowing for a fact i did anything wrong to them?… read more
AttorneyTom
AttorneyTom
Lawyer
Juris Doctor, BSBA
1,242 satisfied customers
MY HUSBAND IS ON FEDERAL PROBATION FOR METH POSSESSION. HAD
MY HUSBAND IS ON FEDERAL PROBATION FOR METH POSSESSION. HAD 3 YR PROBATION W/ 9 MONTH REMAINING. CURRENTLY EMPLOYED W/ GOOD UNION JOB; WAS HAVING DIFFICULTY MAKING UAS SO THEY BEGAN SKIN PATCH; HE REC… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
My husband is currently being investigated in watching child
Hi, my husband is currently being investigated in watching child pornography. Our house was searched and they took my husband hard drives and computer. I called the detective and he said because of ba… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
There are four defendants in a murder case. The DA asks one
There are four defendants in a murder case. The DA asks one to testify against the other 3 for a plea deal. The other 3 can be violate. During a pretrial hearing the Attorneys are talking to the judge… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I need to know what number of calling constitutes to
i need to know what number of calling constitutes to telephone harrasement. Not the threatening calls. … read more
Ely
Ely
Counselor at Law
Juris Doctor
3,175 satisfied customers
Are you? South carolina. Well I'm on house arrest from doing
Well I'm on house arrest from doing 8 years in federal custody and can I get off it early… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,175 satisfied customers
I was giving a ticket for 4.1-305 illegal possesion of
i was giving a ticket for 4.1-305 illegal possesion of alcohol and this is my second charge the first time i was giving 50 hours community service and 6 months probabtion and they said they would drop… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
My son was jumped in the football locker room by two
My son was jumped in the football locker room by two brothers. My son called me from the locker room. Now the school is saying my son thew the first punch. There are no cameras and no football coaches… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,476 satisfied customers
Iv been chargd with poss.class a, w/intent in a school zone
iv been chargd with poss.class a,b w/intent in a school zone um 19 no adult record havnt had a new charge since 2006 whats it looking like?… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
What is violation number 31-0975, on my ticket, right under
what is violation number 31-0975, on my ticket, right under where it says "other violations or comments pertaining offense… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
My friend stole $400 of lottery tickets from soopers in as
My friend stole $400 of lottery tickets from king soopers in Parker as an employee and is going to trial tomorrow. I'm worried for him, will be be going to prison for several years or anything? I just… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
A friend of mine is serving time for a crime that he did not
A friend of mine is serving time for a crime that he did not committ, but he witnessed what happened. He has alresdy spent 20 years behind bars. Is there anyway that his conviction can be overturned?… read more
dkennedy
dkennedy
Attorney
Juris Doctorate
27 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x