QUESTION

Do i need a lawyer, do i have any legal rights concerning the issue below?

Asked on Sep 09th, 2014 on General Practice - Arizona
More details to this question:
A friend bought a race car 3 yrs ago with the intent of me driving it and having his business name on the car. After the first year my friend lost interest and gave the car to me. There is no car title for this old race car. For the past two yrs the car has been housed in my garage and raced by me at the local track. All of the upgrades and new parts over the last two years were paid for by me. All the labor has been done by me. Now today out of the blue he contacts me and says he wants the race car back. Does he have legal right to do this? I have over $4000 in parts and upgrades on the car. He says he wants the car back by Friday or he's calling the police. I will not have time to remove all of my parts by Friday. Can he have me arrested and take the car. Do I have any rights to the car?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Your friend gave the car to you; it is yours.  At the least, even if you can't keep the car for some reason not apparent in your question (for example, although you believe there is no title, I suspect your friend may have had a title and never transferred it to you; I don't think the car could have been registerd, insured, and legally operated without title, and how could he get you arrested if he couldn't show title to prove he was the owner of the car?), you should be able to recoup the reaonable value of the labor and parts you put into the car.  The problem is that your friend is apparently now contending that he did not give the car to you, and, although the fact that you stored it, raced it, and improved it for the past two years lends credence to your claim, there is no guarantee that a court will believe you.  Either way, though, I think the police are likely to believe, as I do, that this is a matter for a civil lawsuit, not a criminal action, and will do their best to avoid arresting you, but there are no guarantees.
Answered on Sep 10th, 2014 at 9:33 AM

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