Skip to main content

My brother was incarcerated. Let friend use his vehicle. She transferred title that she took from his apartment. Totaled it

Denver, CO |
Attorney answers 3

Best Answer
Posted

Mr. Leroi is right on all three counts. I would add that the civil cause of action may well lead to "treble" damages (three times actual value of the car) against the friend. However, reporting to law enforcement and the insurance company are important steps as well because this friend may not be able to pay court ordered damages.

I hope this answer helps.

Asker

Posted

Dear Mr. Kennedy, I thank you for your time too! Please see my comment to Mr, Leroi if you would be so kind. It's nice to know someone cares.

Jason Carl Kennedy

Jason Carl Kennedy

Posted

I am not sure what "account" you are referring to. These types of situation are always very difficult because neither criminal or civil law provide an easy remedy by themselves and the cost of an attorney to help make it work doesn't help. Nonetheless, you best option might well be to find and hire an attorney.

Posted

Report it to law enforcement, his insurance company for fraud, and have your brother hire a civil attorney

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.

Asker

Posted

Thank you so very much. However, he attempted to file a police report and they refused saying he allowed her to use it. That was yesterday in Adams County. She emptied his account, didn't pay storage fee and he has lost everything. This is devastating. I appreciate your time.

Stephen Clark Harkess

Stephen Clark Harkess

Posted

Allowing her to use it is different from transferring title. If she forged his name on the title, that is a very different matter. If the police will not take a report, contact the District Attorney's office.

Posted

What do you want to happen? You have a number of options, although none are easy and results are not guaranteed. You can report the theft and forgery to law enforcement. You can file a civil lawsuit and potentially get a judgment for treble damages and attorney fees for civil theft. However, a judgment will only turn into money if the Defendant has resources. Many thieves do not have steady jobs or bank accounts which can make recouping money difficult.

You can reach Harkess & Salter LLC by phone or email. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

Asker

Posted

My sincerest thanks for your reply and the time to answer my question. Attorneys are heaven sent!