This has been a rough situation so I am going to TRY and give a short version..... My "EX" Husband Resides In NJ, and I reside in WI, his GF who has 2 kids by him had left him and moved back to WI with kids. He allowed her to take the truck that he owns and told her as long as she switches it over in her name right away she can have it (because he did not want to be responsible for any of her actions while driving it and it's in his name only, as well as she drinks and drives and does drugs). after a couple weeks in WI he goes to pick his kids up and finds she still hasn't had title switched, so he takes the title back and does not tell her he did. NOW, I receive a text from him stating "I have a deal for you", when I ask what that is he said he wants me to sell his truck out here (WI, because I live here), and we can "SPLIT" the money (he owes me A LOT of money). I tell him that's fine send me the title signed. He then lets the GF know he wants the truck back and he is selling it, she refuses. So he sends me the title signed, as well as a Notarized bill of sale that he sold me the truck for $100 (I did have to text him to let him know how to write a bill of sale, he is a foreigner). I call the local PD where the truck is at an explain situation before I take the 2 1/2 hour drive to get it. They tell me as long as I have a bill of sale and signed I can take possession of the vehicle. Once I show up at her job I call to "Preserve The Peace" so that I can get the one and the only key from her, she refuses. Police tell me title has to be in MY name then I can press charges for theft. Once home that night I text her to let her know that I will be changing the title into my name the next morning and she has no permission etc to have my truck and I would like the key and truck. Next day I text her proof of the title in my name and giving her an hour to make arrangements for me to pick up key and truck, she refuses again. I contact police, they go to her job explain I am the owner and if she does not give me the key and truck she could be charged with theft of vehicle as well as losing her job, etc. Arrangements are made for me to pick the truck up tomorrow. Now my questions are this.....
1. Can I have any CIVIL issues with her?
2. Can I have any CIVIL or any type of charges with my EX husband if I do NOT stick with the plan and sell the truck and split the money?
3. My EX-owes me a lot of money which he nickels and dimes me when I ask for some ( personal arrangement), so I would like to keep the truck and consider everything done and over with as far as he goes, don't want to be asking for money that he owes me and would like to just sever ties already with him. Is there ANY type of repercussions I could go through if I do NOT abide by the deal of selling the truck and spitting the money, and I just keep the truck?
1. I have the "Notarized" bill of sale stating he sold truck to me
2. I have PICTURES of the front and back of ORIGINAL title "SIGNED BY HIM AND DATED"
3. The title is now in my name
Is it legal for me to just keep the truck, and can he try and sue me or press charges of any kind?
4. He lives in NJ, and I live in WI
Any information that could help is greatly appreciated..... Thank You
1 Answer from Attorneys
This scenario is more complex than anticipated for a public free legal advice website. Besides that, we are not allowed to give specific legal advice for folks here; rather only to provide public educational information of a general nature. I would therefore recommend that you hire a personal attorney to walk you through this transaction. All this being said, the answer is "yes" you could have future problems if you carry out your plan to self help "repo" the vehicle to settle a private debt with a person whom you were originally representing as an agent. For one thing, you are breaking at least 80 federal laws pertaining to internet and wire fraud, etc., for getting him to transmit the title transfer to you under false pretenses. Any time you run a "switcheroo" and flip from between working for somebody and then working against them, you running this type of risk.
Answering this question does not make me your attorney, but you can post comments here for clarifications, etc. You can also see my past answers to similar questions on Law Guru at http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixon. View other past answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency, or call my office at 262-648-1826, or email me at email@example.com. Answers may contain attorney advertising materials.
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