stolen camaro found out of state

[70 copo]

I agree with Lillard. Under the law the possessor is as good as the thief. I am surprised this went on as long as it did before he relinquished control of the vehicle.

<span style="font-weight: bold">Theft Defined Under Georgia Law</span>


Theft can occur in a variety of ways under Georgia law. The most common type of theft involves theft by taking, which Georgia statute defines as occurring when a person “unlawfully takes<span style="font-weight: bold"> or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which property is taken or appropriated.”</span> (Georgia Code § 16-8-2.)

Georgia law also provides for several other types of theft, including:
theft by deception (§ 16-8-3.)
theft by conversion (§ 16-8-4.)
theft of services (§ 16-8-5.)
theft of lost or mislaid property (§ 16-8-7.)
<span style="font-weight: bold">theft by receiving property stolen in another state (§ 16-8-8.)
theft by bringing stolen property into the state (§ 16-8-9.)</span>
theft by shoplifting (§ 16-8-14.), and
theft by extortion (§ 16-8-16.).


Theft as Misdemeanor or Felony in Georgia
When a theft offense involves property valued at $500 or less, the crime is punishable as a misdemeanor in Georgia. (§ 16-8-12.) Punishment for a misdemeanor includes a fine of no more than $1,000 and a sentence of imprisonment of no more than 12 months. If an offender receives a sentence of six months or less, it is within the authority and discretion of the sentencing judge to allow the sentence to be served via weekend confinement or during the offender's nonworking hours. (§ 17-10-3.)
If the theft offense involves property valued at more than $500, the crime is punishable as a felony, or as a misdemeanor, at the judge’s discretion. (§ 17-10-5.) If charged as a felony, theft carries a sentence of imprisonment of not less than one year and not more than ten years. (§ 16-8-12.) The other circumstances under which a theft is punishable as a felony in Georgia include:
theft of anhydrous ammonia (one to ten years of imprisonment)
theft involving the breach of a fiduciary relationship (one to 15 years of imprisonment, and/or a fine)
theft of government or bank property, by an employee (one to 15 years of imprisonment, and/or a fine)
theft involving a gravesite or cemetery decoration (one to three years of imprisonment)
<span style="font-weight: bold">theft of a motor vehicle or vehicle part worth more than $100 (one to 10 years of imprisonment)</span>
theft committed while telemarketing, using a computer or computer network, or engaging in home repair or improvement (one to 10 years of imprisonment),
theft of a destructive device, explosive, or firearm (one to 10 years of imprisonment).

[Charley Lillard]

Years ago a good friend bought a 58 Fuel Injected Vette that needed restoring. It was missing the FI unit but orig engine was still in it. He stripped it to bare glass, body off frame. frame stripped. Two years into it the Highway patrol knocks on his door and asks if he has 58 Vette with Viv # ****. He says yes. Cop says it is stolen. Sal says no it is in the garage. Cop says orig owner has been out of state for two years and when he came home his Vette and 57 Porsche Speedster were both stolen out of storage containers. He had bought both brand new. Porsche had been totally restored and had sold for 70K a couple times. Whoever stole them thought he had died so they never bothered to mess with the vins so they were easy to find. He got a like new Porsche back and he came to the impound yard and saw the Vette all apart and didn't know what to do with it. I bought it from him and my friend that lost it filed suit against the local Ford dealer that was involved in the lien sale that got the cars titled.

[ktownkid]

Holy cow...!!! What a mess...!!! I guess the lawyers will figure it out...

ktownkid [img]<<GRAEMLIN_URL>>/dunno.gif[/img]

[66 L78 ragtop]

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: ktownkid</div><div class="ubbcode-body">Holy cow...!!! What a mess...!!! I guess the lawyers will figure it out...

ktownkid [img]<<GRAEMLIN_URL>>/dunno.gif[/img] </div></div>

Get the lawyers involved as a last resort.

The law will likely yield a lopsided decision. The original victim will likely get his car back. The subsequent victim will loose his $$$. The original victim wins and the second innocent victim gets shafted even more. ( he loses the car he already paid for as well as his restoration expenses)

The only one that should really get the shaft is the thief or thieves

The bottom line is that there are two victims here and from an ethical perspective, both need to reach an amicable decision.

1. The original victim recovers his car and the second victim keeps as much as his investment as possible

2. The original victim sells the recovered vehicle to the second victim.

Keep the lawyers out of it if possible as both will pay out and loose even more.

Both parties need to come together, find the perpetrator and make him pay figuratively and literally.

Although the second victim was probably in the wrong/careless for investing in a car without a title, one can argue that the original victim was in the wrong/careless for not properly securing his vehicle.

Just my opinion

[PxTx]

I would not be so quick to reduce the value to the fellow who had his car stolen. Anyone own a car that had more personal value than what it might actually have been worth? Does the guy need to reveal everything to be justified?

I looked at a few cars in my youth which my dad sniffed out right away as being ones to walk away from. One 5.0 Mustang in particular, in hind sight, was probably a stoken car. I was lucky to have a wise father.

[68l30]

I know it sucks, I’ve been there. I was ripped off a ton of money, at the worst time in my life, when I could have desperately used it. In a way, I‘m still paying for it today one way or another. I had to go thru the justice system. When only two parties were involved, it took years. I took away his freedom and only then I was reimbursed what I lost. My added expenses, and hardships were another matter. I got nothing in the end for them. Sadly, The 16 year old needs to go thru the system, same as everyone else. He can file a report, let the investigation unfold and hopefully catch the thief that stole the car and stole his money . He’ll probably have to file a civil suit, if the person is ever apprehended. Either way, it’s going to take some time.

It pays to keep your files intact. Who you bought it from, where, phone numbers ect. Always keep some type of file or trail in this day of scam artists.


BIG

[PeteLeathersac]

Both wronged parties need to fight separate legal battles making sure the perpetrator is apprehended and firmly dealt with first.
Do whatever's necessary to get the car back legally including fresh title in hand <span style="text-decoration: underline">dated after </span> any of the foolishness that went on.
Car home and title secure you can look at the car/parts/situation w/ fresh eyes and if you can help the father/son team w/ cash and/or parts back or agree on a fair amount to sell them the project, big kudos to you!
Good intentions or not, involving the father/son too early could obstruct the clear path necessary to firmly nab the crook and/or gain hold of the car and clear title so best proceed selfishly until the cards are in your hand to play whatever way you see fit then.
Best to all innocents involved, swing the thief from the highest tree!
[img]<<GRAEMLIN_URL>>/beers.gif[/img]
~ Pete

[resto4u]

There have been cars that have had two clean titles from different states. it does happen, but in most cases the law will side for the owner that had the cars stolen. Situations like this should never happen, but they do. And as stefano said, sometimes auctions do catch these problems. Unfortunately some of these cases will go to court, they both will not win. And the government will not accept any liability for this.

[markjohnson]

No way the original owner/victim should have to &quot;reimburse&quot; the money that was stuck into it. What if the car had been painted a color that he hates, had 1/4 panels installed that he could have done himself or had a rollcage installed that he would have never wanted in the car. How about if your rare original COPO was stolen and modified into a pro touring car and you were told that you should help pay for the transformation? Similar situation happened here a few years back where a Corvette was returned to its owner/victim many, many years after being stolen and was being licensed after a major restoration.

[SuperNovaSS]

It certainly sucks for both parties. It sounds like the guy who had the car stolen also had other things stolen. He may still be in the losing position even if the car has been partially restored. I'm sure many of us have had &quot;done&quot; cars that we completely tore apart. Each person's idea of finished or restored can be different. I have not seen this car so I can't say whether is is better off than when it was stolen or not. What paperwork did the current &quot;owner&quot; get with the car when he bought it? Again, this is a horrible situation for each party involved. Can we get a &quot;thieves suck&quot; emoticon?


Jason