Full question:
My husband signed as the buyer of a car for his sister & thought he was co-signing. The dealer from Houston brought the papers to Austin & he signed them. She is about close to 4 months behind on the payment & appears to be hiding out. She lives in Baytown & we live in Austin, Tx. He said he's never been to Baytown & can't locate her (she uses cell phones & keeps changing the # & keeps moving staying in hotels or w/her husband's relatives, etc.) Her in-laws have unlisted phone numbers. He as well as the car dealer has repo men looking for the car. His credit is getting worse & worse because of this. He wants to know how he can get the car back.
- Category: Civil Actions
- Subcategory: Conversion
- Date:
- State: Texas
Answer:
The answer will depend on who is named on the title. If he is named on the title, he may be able to file a theft report. There are online people search sites like www.zabasearch.com or www.spokeo.com. You may also hire a private detective. If he files a theft report, it is possible she may be stopped for driving a stolen vehicle.
If the items are irreplaceable, you might be able to bring a replevin action to recover the items. Otherwise, a conversion action may be brought is money can compensate for the loss of the items. Conversion is a action brought in civil court to recover the value of personal items of property, wrongfully converted by another to his own use. The action seeks a remedy for the conversion, not the taking of the item. If the items are of a unique nature, so that money can’t replace the item, a writ (official order) of replevin may be sought in court. A replevin petition seeks the return of the particular items taken.
Conversion is when someone wrongfully uses property of another for their own purposes or alters or destroys it. In an action for conversion, the taking of the property may be lawful, but the retaining of the property is unlawful. To succeed in the action, the plaintiff must prove that he or she demanded the property returned and the defendant refused to do so. Damages may be recovered for the replacement value of the property as well as for the loss of its use. Conversion is very similar to theft, but is a civil action, not a criminal action.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
