What do I do if I let a friend borrow my car and the lease is up and was supposed to be returned to the dealership last month?.

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What do I do if I let a friend borrow my car and the lease is up and was supposed to be returned to the dealership last month?.

To make it worse she let her brother borrow my car and now no one knows where he is. We also see that he was pulled over in it for a speeding ticket.

Asked on December 10, 2012 under Bankruptcy Law, Colorado

Answers:

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

Answered 8 years ago | Contributor

You can sue your friend and her brother for conversion.  Conversion is the intentional assumption of dominion and control over the personal property of another resulting in a substantial interference with your possessory rights without consent or legal privilege.

Conversion is theft.  Conversion occurred when your friend loaned your car to her brother and also when the brother took it and disappeared.

Your damages (monetary compensation you are seeking in your lawsuit for conversion) would be a forced sale, which is the value of the car.  Since you have been leasing the car, your damages would be based on what you owe for not returning the car on time to the lessor.  If the car has been damaged or stolen, your damages would of course be significantly more since you would owe significantly more to the lessor.  The lessor is the company/auto dealer from whom you are leasing the car.


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