Bakersfield, CA asked in Car Accidents and Small Claims for California

Q: Is this Illegal??

My ex pony friend and I were together for 7 years and have a 4 tour old together. 3 months into the breakup j had crashed into a pole and CHP hauled away my car that’s in his name away with my belongings. My ex got it out that day and isn’t returning it. He kept my purse, ID,cash, new laptop, phone and much more. He refused and says the police took the items and he doesn’t have it I talked to the poice and he said they never took anything from my car. Is it illegal to accuse police officers of having my property when he really does? If so, how do I go about it thanks

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2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

though car in his name, was it given to you? did you register? did you insure it?

i assume his position is that he just let you use it but did not gift it to you.

who pays registration and insurance and repair costs?

he lied but that is not illegal, though improper.

you can sue in small claims?

William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Riverside, CA
  • Licensed in California

A: It's not illegal in that no crime has been committed by accusing the police. Illegality would be the taking of the personal property. You should be able to trace the location of your laptop and phone through the location services of the various manufacturers/providers. If your boyfriend took these items, itemize them, put a value to them, and demand compensation in writing. If he refuses, sue in Small Claims. The burden of proof is on you to prove that he took them and not the police, or the towing company.

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