Saturday, October 24, 2009

Falsifying auto title?

Long story made short... in 2006 a sibling and his long-time girlfriend purchased a 1999 Chevy Tahoe for $8,900.00 and a 1998 Adams Thoroughbred horse trailker for $3,000.00. I made the trip to Florida with the truck and horse trailer. His girlfriend had recently gotten into a accident and was allowed so much for the tax and title on a new vehicle. At the DMV $5,000.00 was put on the title as to avoid higher taxes on her part. I didn't argue this. I was given $3,000.00 before leaving Florida and we said that was for the horse trailer and the remaining money was due on the truck. I later found out that on March 31, 2007 they traded teh Tahoe in on a 2004 Expedition without paying me off- the dealership did pay $4000.00 but that lefta remaining balance of $2,700.00 They are saying that I can't sue them because the title says $5,000.00 and they have prrof that they paid $5,000.00 and if I push it I could get into trouble. How much trouble are we talking about?
Answers:
Let the following become your mantra: NEVER, NEVER get involved in dealings that involve money with family members who don't have any.
I have good news and bad. The bad first. If this deal had been done in Texas: The Application for Texas Certificate of Title that you signed as the Seller states: "WARNING: Transportation Code, 搂501.155, provides that falsifying information on title transfer documents is a third-degree felony offense punishable by not more than ten (10) years in prison or not more than one (1) year in a community correctional facility. In addition to imprisonment, a fine of up to $10,000 may also be imposed.
The good: Not only did you sign that form but so did the Buyer--you didn't definitely say, but I'm guessing it was your brother and, maybe, his girlfriend. So it sounds like a draw to me because you both falsified information, so he is just as guilty and legally open to prosecution as you.
That having been said, your dispute against your brother is a civil matter for which a civil court judge has no jurisdiction over the criminal aspect of your falsification of records, BUT you cannot present as WRITTEN evidence to a Court that you two contracted for a price for the truck and trailer--it's a he said/she said matter. The Court probably would not make a determination on an oral contract unless you have witnesses to the contract, but even then don't hold your breath--unless it was two priests that witnessed your oral contract.
Steven H--you should be ashamed of yourself for giving a bogus answer just to get 2 points.
You could in fact be punished for breaking the law. I think section 5-34 index B will cover all of the issues of the law that you could potentially fall victim to.

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