Sarasota, FL asked in Civil Litigation, Civil Rights, Constitutional Law and Small Claims for Florida

Q: I have a car that my friend had used her driver license in North Carolina to get me a car I just put the money up front.

She’s being nasty and wants the car back. I moved too Florida with family and I don’t have a way to get back down here if I go up there and the car is titled and registered too her and she just won’t come and get her car so if I hypothetically got towed for parking could it or she come after me for anything?

1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
  • Consumer Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: Sounds like you trusted the wrong person. The car is legally hers. If it was purchased in North Carolina, and you then drove it to Fla., you are at risk of her reporting it stolen, and you getting arrested for theft. You should immediately confirm with her, IN WRITING, the "deal" you had with her. If she confirms that she did have the intent to have you possess the car but then changed her mind, at least you'll probably prevent the risk of being charged with theft.

You should also confirm, in writing, the amount of money you gave for the "deal" and determine if she will pay you back in full. If she won't pay you back, you have a potential civil claim against her for the funds - but regardless of that issue, if she maintains that you took the car from her without permission, and that you NEVER had permission to possess it, you have a giant problem. Probably the only way to solve such a problem is by hiring an attorney to deal with her, or alternatively, delivering the car to her and getting back home any way you can, such as by bus.

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