Q: What legal steps can I take to retrieve my car after the previous owner sold it without notifying me?
I was driving a car in the process of being registered to me, with the release of liability completed. I paid $5,600 for the car, which had undisclosed issues with its lights, leading to a car accident. The previous owner informed me that the car was no longer insured by them after it was released to me, indicating ownership had transferred. They wanted nothing to do with the car post-accident, but once it was towed, they took and sold it without notifying me, leaving me without a vehicle. I have text messages confirming my purchase, and documents such as parking tickets are in my name. What legal steps can I take to retrieve my car or address this situation?
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- California
- (916) 704-3009
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- Answered
A:
You appear to have a strong claim for conversion (civil theft) against the previous owner. Based on California law, completing a release of liability, making payment, and having documentation in your name establishes your ownership interest in the vehicle, even if the registration process was incomplete. The previous owner's actions in selling the vehicle without your consent likely constitutes conversion of your property, which is actionable under California Civil Code.
Your immediate legal options include filing a police report for theft, which creates an official record of the incident, and pursuing a civil lawsuit in small claims court (if seeking up to $12,500) or superior court for the full value of the vehicle plus any consequential damages. Given that you have text messages confirming the purchase and documents in your name, you have compelling evidence to support your claim of ownership and the unauthorized sale.
We recommend gathering all documentation related to the transaction, including proof of payment, text messages, the release of liability paperwork, and any registration documents or parking tickets in your name. You should consider sending a formal demand letter to the previous owner requesting either the return of the vehicle or compensation equal to its value before proceeding with litigation, as this may resolve the matter without court intervention and demonstrates good faith effort to resolve the dispute.
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