Q: Can I be arrested for breach of trust for a vehicle that I pay for, but is not in my name?
I have been told to drive my car to my ex's home town when I am 6 hours away so I told my ex to come and get it from me I told my ex that I was not driving it back and he can come pick it up at a secure place with the keys in it.
Can I get charged for not returning the car to him. Can he call the police on me ?
A:
In Tennessee, whether you can be arrested for breach of trust regarding a vehicle depends on the specific circumstances. If the car is registered in your ex's name, they are legally recognized as the owner, even if you have been making the payments.
Refusing to return the vehicle upon their request could potentially be considered unauthorized use or conversion, especially if there is a clear demand for its return. However, if you have made arrangements for your ex to pick up the car at a secure location, and you have communicated this clearly, it may mitigate your risk.
It's important to document your communication and attempts to return the vehicle. If your ex calls the police, explain the situation and provide evidence of your attempts to return the car. Keep in mind that this matter could potentially be resolved civilly rather than criminally. It might be wise to consult with a lawyer to discuss your rights and responsibilities in this situation to prevent legal complications.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
