Los Angeles, CA asked in Criminal Law and Federal Crimes for California

Q: Am I able to file a lien On somebody’s car if they purchased the vehicle with Money that they stole from my apartment?

Somebody that I’ve known for years and I thought was my friend ended up coming over to my Apartment the other evening, and my “Ring” doorbell camera recorded them picking my front door lock, entering my apartment, And stealing $20,000 in cash From me plus several expensive devices from me, and leaving. I had just stepped out for 10 minutes and as soon as I returned I noticed my cash was missing and subsequently watched the ring doorbell video footage. The person who did this then Proceeded to purchase a car with my funds, even admitting this to me at some point... now I really don’t want to get the authorities involved, I really really don’t want to call the police, but I am wondering if there’s any way that any of this knowledge can be utilized in some unique manner to help me put a lien on the vehicle he just bought, Given he bought it with my money?

Also, if not the lien on the car, then what other options do I have?

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

A: more info needed.

however, you should report to police and see a lawyer........not necessarily in that order.........asap

I would think if they admitted to you they would be willing to turn title over to you. Is that correct?

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: The short answer to your question is: NO, there is not any expedited process to put a lien on the car under the facts you described. At $20,000.00, your case is within the Limited Jurisdiction of the Superior Court but twice what Small Claims allows, so you would have to file a lawsuit. Your case is basically conversion (theft) of the $20.000.00, which you would have to prove by a preponderance of the evidence. Theft is a crime, and you said you don't want to get the police involved. You cannot eat your cake and keep it at the same time. If this person stole this substantial sum of money from you, perhaps the police need to be involved, since this would grand theft, and possibly a felony. The only reason that I could think that any reasonable person would not want the police involved would be because they believed that an investigation would result in some kind of criminal exposure for them. A lawsuit does not involve the police, but whatever facts might point at the victim in this situation, would come out in a public forum, at a trial. Most civil litigation cases settle without a trial.

You really need to discuss this with a local attorney, to determine what your best course of action is. KEEP THE VIDEO in a safe place. KEEP THE EVIDENCE that you had $20,000.00. DO NOT WRITE ON DOCUMENTS THAT ARE EVIDENCE.

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