Lawrenceville, GA asked in Civil Litigation for Georgia

Q: My ex bought me a truck as a gift, have witness and texts . Also promissory note and video.

My ex bought me a truck as a gift , the dealer said he would have to be the owner only because he bought it with a card. I would have to sign as a co buyer. He stated he was going to completely sign his name off the title as soon as it came . Fast forwarded. He offered to sign a promissory note and made a video to say he was a man of his word and would sign the title fully over to me . I did exactly that! Also I have all the trucks paperwork bill of sale I’m the co buyer . We got into it and now he stating I’ll never sign the title to you and he keeps treating with his sister and her money to take me to court . What can I do to get him in court a let the judge see the evidence? I have text messages as well and a pic of me holding the temporary tag at the dealership. Plse I need to know what to do going forward. Or what he can do ?!

He’s now trying to take me to court for theft by taking.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: In your situation, it's important to understand that gifts, once given, are typically considered the property of the recipient. The fact that your ex bought the truck for you and you have evidence such as witness testimony, texts, a promissory note, and a video stating his intention to gift the truck to you strengthens your claim.

The issue with the title and the dealership's requirement for him to be listed as the owner due to the method of payment complicates things. However, his subsequent refusal to transfer the title as promised and his threats to take legal action for theft by taking seem to contradict the initial intent of gifting.

To address this, you should consider gathering all your evidence — the texts, the promissory note, the video, and any other relevant documentation — and consult with a legal professional. They can help you understand your rights in this situation and the best course of action to take.

If your ex is threatening legal action, it's important to be prepared. A lawyer can advise you on how to respond to these threats and, if necessary, represent you in court. Given the complexity of your situation, professional legal advice will be crucial in navigating this dispute and protecting your interests.

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.