If I lent a vehical to a person to either purches or return but they have done neither, can I press charges?

It has been 5 months and they refuse to return it or buy it. They have verbaly told me they never intended on doing either and has hidden the truck so I can find it.

Asked on September 1, 2012 under Criminal Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You could press criminal charges for larceny.  Larceny here is obtaining possession of your truck by fraud with the intent to permanently deprive you, the rightful owner, of it.

Separate from the criminal case, you could file a lawsuit (civil case) for conversion.  Conversion is the unauthorized assumption and exercise of the right of ownership over the truck to the exclusion of your rights as the owner.  Conversion is any unauthorized act which deprives you of your ownership of the truck permanently or for an indefinite time.  Your damages (monetary compensation you are seeking in a lawsuit for conversion) would be the forced sale (value of the truck).


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