I sold my car to a person, he agreed to pay off the vehicle after a month. The person is now nowhere to be found, he has not paid me anything. I still have the legal title for the vehicle. I want to get my vehicle back, I may have given him consent for the first month but now I do not give him consent, can this be considered unauthorized use of vehicle or theft under maryland criminal law section 7-104 (b)
This does not sound like theft since you sold him the car. He did not take it without your permission, It is a civil matter where you can sue for damages or possibly file a replevin action to get the car back.
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This ended up in the IP forum, moving to criminal.
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You should contact a local attorney to get an answer as to this specific statute.
Discuss a action for "replevin" with a lawyer. This is where you ask the court to immediately award you possession of your property that is now in the custody of another, with a trial to follow on whether one party or the other is owed money. You have two issues: possession of the car, and payment on the contract.
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You created a contract wherein you would receive periodic payments and retained the title as security to insure his full performance.
His breach of contract is civil and authorizes you to seek remedy.
You can repossess the vehicle as long as you do so without brech of the peace. This means no weapons, no forced entry and no threats of violence.
One question is how the buyer was expected to register the vehicle without proof of title.
Good luck & regards, Gary
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