QUESTION
Is it considered theft to sell a truck not in your name?
Asked on May 14th, 2012 on Criminal Law - Louisiana
More details to this question:
It was a gifted a truck, notarized. The man did not transfer title, sold it later for scraps. Now that I've returned to Louisiana, I cannot get drivers license due to fees on truck. The man and his wife are uncooperative. Is it considered theft to sell a truck not in your name? What recourse do I have?
1 ANSWER
Criminal Defense Attorney serving Lake Charles, LA
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Michael R. Garber
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The title is evidence of ownership but not proof of ownership. A sale is completed when the parties agree to the thing being sold and the price to be paid and both agree to the sale. A donation is complete upon delivery of the thing donated and acceptance by the donee. It's the buyer's/donee's responsibility to change the title. You need to get an affidavit from the buyer/donee that it was scrapped. You might be able to get something from the junk yard showing it was scrapped.
Answered on May 16th, 2012 at 11:08 AM