Legal Question in Criminal Law in California

I lived in South Carolina and put a down payment on a used vehicle there. The Bill of Sale says it was sold to myself and my mother. Due to credit problems, my mother financed the vehicle solely in her name to obtain me a better interest rate on the 5 year loan. The lienholder is S. Carolina Credit Union - approx 8 more payments left. I had initially paid my mother the almost $300 monthly payments via check and she then paid the credit union via her personal check. The last couple of years, at her request, I have given my mother $300 in cash every month which I can prove these monthly cash withdrawals from my bank. She never gave me any receipts. She has continued to make the payments via her personal check from the money I gave her. She also obtained auto insurance and put me on the policy as the driver of the vehicle. I am now in California and the car is registered here in her name only and the lienholder is the same credit union. We have since gotten into a huge fight and she just left me a note on my other vehicle telling me to return the original vehicle to her residence by July 30, 2010 or she will call the police and have them charge me with Grand Theft Auto. Is this legal? Everyone knows I have made all the payments and have been the sole driver of the vehicle for almost 4 1/2 years and she was just helping me out by financing it in her name due to my credit problems. Her name is technically on the title as the registered owner but I have given her the money for all payments and the car was sold to both of us. I have also bought new batteries for the vehicle and the receipts are in my name. Does she have the right to do this to me and charge me with Grand Theft Auto if I refuse to return the vehicle? Or, can I file a police report against her for threats, harrassment and threatening to or filing a false police report against me? I do have the proof to back up what I say. Thank you.


Asked on 7/24/10, 9:59 am

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

If her name is on the title, it is her car.

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Answered on 7/25/10, 1:18 pm


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