QUESTION
Unauthorized use of a vehicle law in Missouri?
Asked on Apr 07th, 2014 on Breach of Contract - Missouri
More details to this question:
My parents (Alaska) & I (Japan) lent one of our cars to a friend in summer, 2012. The initial agreement was the car could be used to transport his wife to/from university and to/from work. They would pay a minimal sum each month for insurance coverage on the vehicle. They would also cover basic maintenance (oil changes, tire rotations, etc) on the vehicle as necessary while in their possession. Monthly payments have never been made. They are getting a divorce. The wife moved to CA. He is still in MO. I've attempted to work with him on collecting payments due on behalf of my parents and he doesn't seem to understand how important it is to repay the $$ he agreed to. If we file a police report on him, would it be considered a "stolen" vehicle or and "unauthorized use" situation? I'm in Tokyo, Japan and having a hard time finding an answer to this on the internet. I also don't know who to call in MO.
1 ANSWER
I'm confident that the police would tell you that this is a civil breach of contract matter, not a police matter. Your parents can sue the former friend, and maybe his wife if she was also obligated on their agreement, but the incovenience of suing in Missouri might be more than the matter is worth for your parents. There might be a basis for suing in Alaska if some part of the negotiation for the agreement and/or performance of the agreement took place there, or if the defendants have some other contacts with Alaska, such as owning real property there. If so, your parents should bring a lawsuit in Alaska. If not, they will have to decide whether the hassle of suing in Missouri - hiring a Missourt lawyer, possibly having to appear for deposition and/or trial - is worth it.
Answered on Apr 07th, 2014 at 12:40 PM