Where do I stand? Did my boyfriend steal my car?

[chihana]

What is the name of your state (only U.S. law)? Ohio

About 4 months ago, my boyfriend got into a car accident and lost his car. Because he was completely broke and I have more disposable income, he talked me into buying him a new one. I did, but we signed a contract stating that he was to make me payments of $150 a week, and that if he missed 3 payments for reasons that I cannot accept, he is to give me the car back.

Well, he has missed far more than 3 payments for reasons I find unacceptable such as needing money to buy weed (which is illegal here), or missing work because he was too lazy to go and having a short paycheck.

I have asked for the car back multiple times and even offered to waive the $2,000 he owed me prior to the car, if he just gave it back.

He refuses to and is now driving it around with his drug dealers in the car and using it to buy more weed, etc.

I do not want him using my car for such purposes. I am NOT comfortable with being around drugs, heavy or light, for as long as they are illegal. He also lives with me and never contributes to the household. I have basically been held hostage in my own home. He has backed me into a corner and forced me to pay all the bills and buy all the groceries on my own, because he refuses to just give me my car back and leave.

Where do I stand? What can I do? I just want my car back, and I want him out of the house. I want no association with illegal substances.

 

[PayrollHRGuy]

No he did not steal your car. He has defaulted on a loan.

That said we really need more info.
Whose name is the car in?
Is there a written agreement between the two of you re: the payment plan?

 

[chihana]

More information

Yes, there is a written agreement and the car is in my name. He is also on my insurance.

 

[PayrollHRGuy]

Go looking for it and take possession. If you have a key this should be easy. If not that's why God invented the tow truck.

 

[Just Blue]

Go looking for it and take possession. If you have a key this should be easy. If not that's why God invented the tow truck.

^^Like^^

My bit of personal advice is you should not be referring to the goodfornothingdrugsmokinglayabout as your boyfriend. He should be your ex.

 

[Zigner]

Go looking for it and take possession. If you have a key this should be easy. If not that's why God invented the tow truck.

BAD advice. The OP does NOT have the right to simply snatch the car away. There are procedures that must be followed. What you are suggesting amounts to auto theft.

 

[HRZ]

You cannot simply snatch the car away IF he has a valid contract for its use or its purchase......and to unilaterally just go grab it may be a form of theft....OUCH ...there are procedures to follow if he defaulted on a loan or rental. -agreement.....unless by some miracle he voluntary surrenders the car.

CAution...if he gets busted for dealing drugs while in car...the police may confiscate the car...translation...kiss it good bye . .....

YOu need to do whatever is not illegal to get control of car then get tHis guy on the permanent X list.

 

[CdwJava]

Well, it will be kinda difficult for the (ex)boyfriend to report a vehicle stolen by the registered owner. For all practical purposes, the car can be retrieved by the owner and the person allegedly paying for it can go to court and ask for it back if he dares.

That being said, there may be nuances of Ohio law that might place the owner at legal risk somehow. She might want to consult the local police before she snags the car back.

 

[STEPHAN]

What does your contract say about defaulting on payments?

That's what you should follow.


And ... the more important question: Why do you still consider him your boyfirend?

 

[quincy]

Here are links to Ohio's car repossession laws:

https://www.ohiobar.org/ForPublic/Resources/LawYouCanUse/Pages/LawYouCanUse-664.aspx

http://crir.orbius.com/resource-library.lib/items/illegal-car-reposses

You cannot just take the car. I agree with Zigner.

 

[CdwJava]

However, for all practical purposes, if the only name associated with the car is the OP, the police are simply not likely to take a stolen vehicle report if the OP already is in possession of the car. They will likely punt and consider the issue a civil matter. Absent some truly super on-point statute in Ohio law, the police are not at all likely to consider this a stolen vehicle.

The linked information might apply to commercial transactions where the car is registered to the purchaser and money is owed to the creditor (lienholder), but that does not appear to be the case here. While it may be cause for a civil action, if the vehicle is titled and registered to the OP, the deadbeat (ex)boyfriend is not at all likely to get any action from the police ... provided he wants to call the police at all.

 

[HighwayMan]

If it's titled and registered to her then I'd report it stolen and let the (ex-)boyfriend make an issue of the "contract".

 

[HRZ]

IF it's titled and registered to her and he is using it by permission..then it is not stolen and I'd be wary of making false claims .....but if it is her car and she merely goes and gets it...the BF may be hard pressed to claim she stole her own car....I might have misread her post to say she bought him a car and he has not made payments as agreed...which is different .

OP you have some legal problems to boot or lock out a tenant absent due process... ....you may have fewer problems to assist police to cart him away for drug deals ?

 

[CdwJava]

If it's titled and registered to her then I'd report it stolen and let the (ex-)boyfriend make an issue of the "contract".

But, it's not "stolen." I don't know how it is in Ohio, but in my state you have to affirm that the vehicle was taken without your permission - even signing a document to assert that claim. If the OP reports it stolen, she could be making a false police report.

I'd go with retrieving it and let the deadbeat (ex)boyfriend try to convince the police to act. I suspect they'll stare blankly at him and direct him to Small Claims.

 

[quincy]

IF it's titled and registered to her and he is using it by permission..then it is not stolen and I'd be wary of making false claims .....but if it is her car and she merely goes and gets it...the BF may be hard pressed to claim she stole her own car....I might have misread her post to say she bought him a car and he has not made payments as agreed...which is different .

OP you have some legal problems to boot or lock out a tenant absent due process... ....you may have fewer problems to assist police to cart him away for drug deals ?

I agree with what is bolded above.

Also, I continue to agree with Zigner.

chihana said there was a written agreement. The boyfriend breached the agreement by not paying as agreed. This does not mean chihana can simply retrieve the car. There are laws governing breaches of contracts and laws governing repossession of vehicles that must be adhered to.

The car is not a stolen vehicle. It should not be reported as one.

chihana can eventually get the vehicle returned to her but she does not want to violate laws to do so.