Money owed and car left behind

[rgonzales1588]

I live in Texas and my ex recently moved out of state. He had visited me at one time and in the process his car (an I-Roc Z) had broken down at my house. He left it here telling me that someone from his family would pick it up. That was over 3 months ago. Before he moved I had asked him what he wanted me to do about the vehicle and he informed me that if no one came to pick it up within a certain time, then I could sell it since he still owed me aprroximately $600. I could keep what he owed me and give him the rest. The problem there is that his mother still has the title to it.

Also, there's another car involved but it's in another town. An '86 Cutlass to which the title is under my name. I have the title in my possesion but not the vehicle. The car belongs to him but I paid for the title and the insurance out of my own pocket. He owes me about $600 for my expenses and money that I had previously loaned him.

My question is what are my rights to the Cutlass (in which I legally own because of the title) but his mother won't give me. (the guy in question will no longer answer any of my calls). He had told me to sell the I-Roc Z but again, his mother has the title and won't hand it over. I just want my money back. I told the mother that if they just give me the title to the I-Roc Z, I would mail back the other title and call it even. No one is cooperating though and I don't know what to do next.
If anyone can help, I would appreciate it greatly.

 

[Michael Wechsler]

Have you called the police? They may not want to (or able to) file a stolen car report since you voluntarily gave them the car but you since you are the owner of the vehicle and responsible for anything with which that car is involved. Something needs to be done. Why not take the ex and his family off of the insurance and send them a letter that they can no longer drive the car, have no permission and that they are not insured to drive the vehicle? You might want to go to small claims court and sue them for the use and value of the vehicle, including storage of the I-Roc. Those are vintage cars...

I know that there are procedures set up by police stations (I've seen San Diego do this) and I'll post their procedure below:

Failure to Return a Borrowed Car
If you have loaned your vehicle to another person to drive and this person does not return the vehicle, certain documentation is required to report the car stolen. Since the vehicle is being operated with permission of the owner, this permission needs to be rescinded. Send a registered letter to the person. The language of the letter should include:

"Your permission to operate this vehicle is rescinded. You are to stop operating the vehicle immediately. Park the vehicle legally and notify me of the location, so I may recover it. If you fail to comply with these instructions, I will report the vehicle as stolen." (Including language that instructs the borrower to return the vehicle implies further permission to operate the vehicle.)

Keep a copy of the letter and post office documents needed to send it. After the letter is sent, a reasonable period of time should pass before taking further action. Typically, two weeks is adequate for the letter to reach the address and for the person to make contact with you.

If you are not successful in getting your vehicle back, call the Auto Theft Unit and make an appointment to come to the office and report the vehicle as stolen. These reports will not be taken over the phone. You will be required to appear in person and sign the theft report.