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Tina, Lawyer
Category: Legal
Satisfied Customers: 33167
Experience:  JD, BBA Over 25 years legal and business experience.
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i bought a car the title was open my ex girlfriend put in

Customer Question

i bought a car the title was open my ex girlfriend put in her name without my consent how do i recover whats wrightfully mine. i have the bill of sale and the cashiers check recipte to prove it. what do i do
Submitted: 4 years ago.
Category: Legal
Expert:  Tina replied 4 years ago.

Hello and welcome.

I am sorry to hear of your difficult situation. Please note: (1) this is general information, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. There may be a delay between your follow ups and my replies as I review your responses and prepare your answer.

Is your name on the title to the vehicle as well? How was it that she put her name on the title to the vehicle? How much did you pay for it?
Customer: replied 4 years ago.

no it was open title from the previous owner also I have the bill of sale cashiers check from the bank with my name and banks name on it as well as the orginal owner

Expert:  Tina replied 4 years ago.

I see. How much did you pay for the vehicle?

Customer: replied 4 years ago.


Expert:  Tina replied 4 years ago.
Yes, hello. I was trying to find out how much you paid for the vehicle as that can affect my answer to your question. Thank you.
Customer: replied 4 years ago.

I paid 22,800 for the vehicle .. she took the title without my permission and signed and transfered without my it into her name...

Expert:  Tina replied 4 years ago.

I see.

Because of the value of the property, you would typically need to file a lawsuit against your ex for replevin and a declaratory judgment. Such causes of action would seek the return of the vehicle to your possession and a declaration by the court that you are the rightful owner of the vehicle so you can get it titled in her name.

Since she took the title without your permission, she could also be criminally prosecuted by he local prosecutor, so I would file a police report regarding this incident alleging that she stole the title to your vehicle.

You should retain a local attorney to represent you in the civil matter, seeking the declaratory judgment and replevin claims. It is possible though that she might voluntarily sign the title over to you in order to avoid criminal prosecution, so you might want to file a police report first and see whether the prosecutor does decide to pursue criminal charges against her.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!


Note: Please feel free to request me if you have future legal questions by going to your “My Questions” page and clicking on “Request Tina again” next to my photo. I look forward to hearing from you again.