Legal Question in Civil Litigation in Florida

car was taken from me

probably stupid question, but my girlfriend gave me truck i could not pay for it at the time but she said not to worry about it that it was a gift well she took the truck away and left me. and gave it to someone else. do i have any options to getting my truck back?


Asked on 10/03/07, 12:30 am

3 Answers from Attorneys

Johm Smith tom's

Re: car was taken from me

Unless the title has your name on it, you will need to find a new mode of transportation.

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Answered on 10/03/07, 9:42 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: car was taken from me

If you can prove that it was a gift, then she can't take it back. You would need to be able to it was a gift and not a loan. She will say it is a loan, so it would depend on who has the better proof.

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Answered on 10/03/07, 2:28 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: car was taken from me

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You would have to be able to prove with certainty that the truck was provided to you as a gift and not a loan. If the title was in your name, then it would be proof of a gift and she would be hard pressed to deny the same. If the truck remained in her name, you would have a very difficult time of trying to prove it was a gift. If you can prove it was a gift, then you can take her to court to demand the return of the vehicle.

Scott R. Jay, Esq.

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Answered on 10/03/07, 12:44 am


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