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I have a question about a family legal issue. I bought my…

I have a question...

I have a question about a family legal issue. I bought my daughter a car. We had issues. I told her she had to leave. She wanted to the take the car. We went back and forth about the car and weather she cold take it, due to her actions I changed my mind the final time. I said at one point she could take the car for 60 days if she payed the car payment. I told her to yesterday to transfer the money before she left town. She said no you, I don't know how. I did. Then at the end changed my mind due to more family drama and arguing. I transferred the money back immediately when I made the final decision. She choose to still leave town with my car. I again told she needs to bring it back. She's refusing. She thinks because of text that she has proof of some kind of agreement. I told her that it was not a legal document. Where do I stand??!!

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Florida

Lawyer's Assistant: What steps have you taken so far?

Called the dealership, because I have tracking devices. I asked if they could just disable the car. They said no. I could call the police to pick it up since I am technically the legal owner and she has never been on the title. I have made the down payment and all payments, repairs ect. That I would have to call the local police and report it stolen. I asked if she would be arrested? They said she would. I obviously don't want that or fur her to have an arrest record. I have offered for her to come back and I would leave or she could bring the car back and go back to where she is staying. It's up to her. She still refused.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No. Thank you.

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Answered in 1 minute by:
3/14/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,171
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Thanks so much for your patience. Ok, so because you are on the title to the vehicle, this appears to be a conversion.

Conversion occurs when there is a substantial interference with the personal property rights of another. This is possible when either a person is blocking the rights of another’s right to the personal property, even if that person had authority to possess the property, but that right was taken away by the owner (e.g. the owner took away permission from the person currently in possession). Usually, the measure of damages is the fair market value of the property at the time of conversion or a return of the property itself. For example, a vehicle that is worth $4,000 at the time the owner’s access was blocked is likely what a court would award.

The only problem is if you take this to court, for example, you would have to overcome the evidence that this was in fact a gift to your daughter. If your daughter can show that you intended to purchase this vehicle for her, then she is not unlawfully possessing the vehicle.

You may want to consider just writing a formal demand letter advising that the property should be returned ASAP There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation. In the letter, you should make it clear that it was not a gift and that you are the only true and rightful owner of the vehicle so you could refute anything that she may say.

Also, contact the police or sheriff's department, they may be able to assist.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 1 month ago
Ok. Thank you. I did buy the car as a gift if she graduated and went to college. She did in fact graduate. But she graduated a year ago. And I'd still currently not inrolled in college. She's also not following my rules as I'm letting her friends drive the car ect. She has no job nor does her boyfriend. So could not afford to make the payments, keep up the insurance ect; if I had the car transferd into her name.I report it stolen will she be arrested???

So, if you had the car transferred into her name, then it wouldn't be considered stolen, but so long as it is not in her name, then if you call the police and report it stolen, it is possible that she would be arrested, but that'd be up to the police to make that decision.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 1 month ago
That's all. Thank you for your advice,

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Customer reply replied 1 month ago
Ok. Thank you.

You bet!

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Category: Legal
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