Traded a Car for a Stolen 4 Wheeler
My question involves criminal law for the state of: TN
In December I traded a mustang for a 4 wheeler. I bought the mustang from another state and since it was not running I did not register it. I decided to trade a guy for a 4wheeler that ended up being stolen. The police confiscated it yesterday. My question is, can I get my car back?
I do have the whole transaction in text messages that are saved and the detective took pictures of the text messages. I also have the registration number to the car and can prove who I bought the car from in Kansas.
I emailed the detective for the county that the 4wheeler was stolen in and this was his response.
Quote:
Thank you for the information. You would need to file a report with metro regarding stolen property. They will classify it for you. We will assist in anyway possible, but in order for us to seize the car, Metro Nashville will need to enter it as stolen property. in addition, we can assist them in any way possible. With the transaction happening at your residence in Davidson County, it must originate from Metro Nashville PD.
So am I able to report it as stolen property since what he traded me for was stolen?
Re: Traded a Car for a Stolen 4 Wheeler
What you would do is accurately report to the police what happened, and let them figure out how to put it into their system.
One potentially complicating factor is your choice to try to flip the vehicle without registering it -- it's still technically the property of the registered owner. It's not clear how you would have conveyed title of the car to the other person, given that the title owner was not present to sign over the title.
Re: Traded a Car for a Stolen 4 Wheeler
It's not that easy. Unless the guy that you traded with knew it was stolen your car was not stolen in any sense of the word. Generally a stolen car is exactly what you think of: somebody takes your car with no intent on returning it without your permission. The guy had your permission.
If the guy knew the atv was stolen it comes closer but there are other laws more applicable like fraud or conversion.
Ultimately it is up to the cops or prosecutor to classify the crime. I would go and make a report and let them classify it how they choose. If they call it stolen, then they call it stolen.
Now this isn't to say you were complicit in dealing with stolen property but depending on what you knew, if anything, you may have no right to the return of the car.
Additionally in most states (haven't checked yours) it is an actual crime to sell a car without first titling it in your name. Title jumping or title skipping, if nothing else, results in tax fraud as the state is screwed out of their taxes due upon transfer.
Additionally, since you never titled it in your name you have the problem with you claiming you owned it. Proving your purchase can do that but the cops could also say sorry, title never been in your name, it was never yours. That would relegate this to the civil courts, which is where it will likely end up anyway.
Re: Traded a Car for a Stolen 4 Wheeler
Thanks for the replys.
The title to the car was open as the person i bought the car from did sign it. the car was not running so i didn't think i could register it since it wasn't able to go through emissions being it wasn't running. I didn't plan on flipping the car in fact i really was hesitant to trade, but i figured i would just take a break from working on cars and trade for the 4wheeler and spend some time with the kids over the summer ridding them around. I had no idea the 4wheeler was stolen. i was introduced to this guy by a mutual friend so i had some what of some trust for him. I did talk to the guy to see if i can get my car back, he told me he will need 3 thousand dollars for the labor he has put into the car. i told him i could meet him half way so he isnt totally screwd out of this. I just know that if the situation was reversed and i traded him the stolen 4wheeler for his car. i would have returned it to him with no questions asked, its just the wright think to do.
Re: Traded a Car for a Stolen 4 Wheeler
This guy you got the 4 wheeler from, did you verify that he had a title in his name? Titles are required for 4 wheelers in TN.
If you took the 4 wheeler without a title and played fast and loose with your Mustang title, you screwed yourself.
Hopefully, the Mustang didn't cost you much and the life lesson from the school of hard knocks won't be too painful.
Re: Traded a Car for a Stolen 4 Wheeler
Especially given your last post I don't see anything that would make the cops consider it stolen. Claiming it is could get you into trouble with the law. If you want to make a report, then do so but be honest about the situation and so not argue it was stolen. Think about it; there you were negotiating where you pay him money to return your "stolen" car.
I will pretty much promise you the cops are not going to do anything here and you will be relegated to suing in civil court.
Re: Traded a Car for a Stolen 4 Wheeler
I would not give false information. I dont see how i could even report it as stolen in the first place, thats why i came here to ask if i could being a detective told me to report as stolen property. I think my best move would be to go talk to an attorney here in Nashville and if need be take him to court.
Again, thank you all for the replys.
Re: Traded a Car for a Stolen 4 Wheeler
That is why you have been told that if you make a report simply describe the situation. If they conclude it was stolen, then they can act on that conclusion. If you make a report tailored to make it look like theft, then you could be facing some serious problems.
Nobody has said you would lie. You were simply being told not to.