My truck was taken and I need a lawyer -HELP-

[Smyrna720]

My name is Josh Hohensee, and I work for the Tennessee Bureau of Investigation. I go to Nashville Auto Diesel College at night.

 

Let me tell you a story.

 

To tell this story we have to back up to October 2011. Last October, a guy named Mathew Tucker took a car, a Mazda Miata, without permission, and knowing that the car didn't have insurance from his roommate, Tommy Clevinger. Tucker, on his way to WalMart in Sumner County, then wrecked the Miata. Police reports and lawsuits were filed. Fast forward to November. Tucker licenses then his, 1985 Nissan pickup in Cheatham Co Tennessee. He licensed it up there, illegally at a friend's house, because it wouldn't pass emissions where he lived in Davidson Co. He got tags and was waiting for the title to come in the mail to the Cheetham county address. Now it's December. Mathew Tucker wrecks ANOTHER vehicle, also owned by Tommy Clevinger. This time it's a 1991 Corvette. While he was high on cocaine. This time though, the car did have insurance, (Liability only) and also, Tommy was in the passenger seat. More police reports were filed in Davidson County and more lawsuits were filed. After all this comes down the pipe a couple days later, Tucker dis-enrolls from NADC, and in front of about 10 witnesses, he gives the keys to the Nissan pickup to Tommy. In fact, Tucker's dad is the one who gave Tommy the keys to the truck. (He said he would testify this in court) Now, all the time, we're still waiting on the title.

 

Enter me.

 

This is where my internet posts on this truck started:

 

Should I buy this 720?

 

Christmas time comes around and Tommy is a little hard up for money. I offer to buy the truck. He checks with Tucker to make sure it's okay, and Tucker gives a verbal okay over the phone. Phone records show this. I buy the truck for $600 and get in contact with the fellow in Cheatham Co. In fact, I had classes with him and we were friends. Dan Rush is his name. I hassle Dan about the title and he says it never came, it never came. I text message Tucker and try to call him, letting him know that I have the truck and I want the title. He says he'll do what he can, when he can. I have records stating this also. I ask him when he'll be back down here, and he says February. I say okay, we need to get this taken care of. I'll pay you to help me out here. What I ended up doing was sending up a TN duplicate title form, with my address on it, up to Ohio for him to sign with a self-addressed stamped envelope. He mails it back to me. I mail it to the TN Dept of Safety with a $5 money order for a new title. 3 weeks later, I get a new title.

 

All the while I'm posting here and on Facebook (Where he can see because I'm friends with him) about doing stuff to the truck. Seen here:

 

Facebook Album

 

and here:

 

I'm fixing this POS 720 thread

 

So now, I have a title with Tucker's name on it, and my address, dated Feb 21 2012. I have this title with the understanding that as soon as Tucker gets down here or I find him, he'll sign it over and I'll go license the truck.

 

Now it's Monday, May 14th, 2012. at 7:30pm, I go on break from class, walk out back to chat with some friends, and low and behold, it's Tucker standing there. The first thing he asked me is if I got the title. I replied that I did and I needed him to sign it. Then he went back to drooling over the truck and checking it out. I showed him all about it, told him how much I had in it money wise and all that. At 7:46 I text message Tommy Clevinger letting him know that Tucker was back in town. Tommy had been looking for Tucker since Tucker skipped town. He said he knew and that they were going to talk.

 

Now it's yesterday, Wednesday the 16th of May. I pull into school, run in the Library for a second, and come out to a security officer with a golf cart parked behind my truck. I figured he was going to gig me for parking in staff parking. He asked me where I got the truck. I said I was borrowing it from a friend because I didn't want to explain why it didn't have tags with my name on it. He asks me what I'm doing with a stolen vehicle. I said it's not stolen. By this time I'm almost to the truck and who do I see? Mathew Tucker standing by the tailgate. I gave him a little surprised look and the security officer asks me again where I got the truck. I point at Tucker. He said,that's the owner. I reply that I know who he is. I look at Tucker and ask him what the hell is going on? He doesn't say anything and holds up an envelope.

 

I know what's in the envelope.

 

It's the title.

 

After threatening with arrests and jail time the guard says we're going to talk to Jim Lovrign. I say ok, lets go. We go down there. We talk for a while, and then call Clevinger out of class to verify my side of the story.

 

They told me that basically since he had the title, that it was his truck. Now, since I didn't have ANY documentation or MY title, I gave him the key to the truck and let him leave. Everybody agreed that it was ten kinds of wrong, but there was really nothing they could do about it. I called his dad. His dad said he would try and make Tucker give me back the truck, that it wrong, but told me Mathew is 21 and kind of on his own. However, he did tell me that Mathew was living with him. He called me back, told me that they argued, and that Mathew had two options.

 

Either give me back the truck or GTFO of his house.

 

Today, I went down to a Nashville metro police station and called the Auto Theft Dept. They told me the same things.

 

This is where we are today. I stopped by the Tucker residence at 10:40 to try and talk to him, but he wasn't there. I talked to a guy named Brett. He verified that Matthew and his dad did, in fact live there and relayed the fact that his dad was really upset. We'll see what happens.

 

Now, I'm prepared to take this to Civil court. I know that Tommy is going to sue Tucker, and that I MAY have to sue Tommy. I'd rather not because Tommy said that he would make it right. I'm going to wait as long as I can to give him the chance.

 

ALSO, everything that I have told you here today can be verified by either witnesses, police reports, phone records or recorded conversations from Facebook that have since been printed off.

 

At this point, I'm kind of hoping that Jalopnik, the local news, or hell, maybe even Judge Judy will get ahold of this and make things right. Fat chance, I know.

 

That's my story and I'm stickin' to it.

[HRH]

Sounds like a whole bunch of bullshit. I'd cut your losses and get another truck regardless of who's right. Even if you win, you wont win.

[datsunaholic]

This is why you never, ever buy a vehicle without the SIGNED title in hand, and why you never, EVER delay transferring title to yourself. If the owner on the title won't go to the DMV WITH you when there's any doubt, bail.

[hvyd]

Honestly, id cut my losses and move on. Sorry to here about your cituation. It sux all around.

[dayid]

I really hope this doesn't sound like a dick thing to say, but I'll give it a go anyways:

• You're in school (high school?)
  
• You bought a truck from a crackhead with a known questionable history
  
• ...without getting the title in hand right then signed to you
  
• Said crackhead later pulls out the title, still in his name, and wants his truck back.
  

If I'm wrong in my shortening of this thread I apologize in advance, but while there are moral problems on his end, the legal issue (and - not to mean, but stupidity issue) is on your end.

 

How much money did you lose in this truck? (and - in that number, also figure the cost of "using" the truck during the time... e.g., if I buy a $1k truck and a year later it's stolen, I didn't lose $1k, since I "got value" by using the vehicle for 12 months).

 

I'd avoid all of these folks like the plague and move on and learn from this.

[Rustina 510]

Omg at least tell me you got a bill of sale signed by the current title holder of the car? If not... Your fucked.

 

Also if not. Beat his ass tell he signs a bill of sale dated at least to february. Take that to civil claims court and get your truck back.

 

Your so called friend is a piece of :poop:

[Jersey]

Unfortunately, oral agreements are only as good as the paper they're written down on...I'll keep a good thought as to how this turns out for you!

[Silky_Johnson]

Truck was $600. You put money into it -- hopefully not much. How much is it worth to you? How much are you willing to invest?

 

You say you want a lawyer? I doubt any attorney is going to get involved in this for less than $2,000 up front. It's a waste of attorney time, and it could be labor intensive. Unless you can go through small claims by yourself (which I wouldn't do without a bill of sale), take the money you would pay an attorney and get a nicer 720. In court, a judge is likely to ask you, "why did you buy the car without getting the title?" The answers you gave above aren't likely to convince a judge to take pity on you. And saying that it's the other guy's fault because he's a bunghole and crackhead is not a good argument. It doesn't answer the question.

 

I wouldn't go beating up anyone over property you don't own. In Oregon, you can defend your own property by using force in certain circumstances. I think that you could use force to retrieve your truck if it was stolen, but physically hitting someone because they took their truck back? Assault... Harassment... Criminal record? You could still end up without the truck and with the addition of a criminal record.

 

By the way, nothing on Ratsun constitutes legal advice. You have to go to an attorney to get that.

[uieluck]

Not to mention it's a 720... Not a 320, 520, 521 or a 620. :lol: :lol: :lol: :lol:

[motavated]

Sucks man. I hope you do get it back. But if you dont, just think about it as a leased vehicle. You drove it and used it for a while. Time for an upgrade.

[datrod]

Sucks man. I hope you do get it back. But if you dont, just think about it as a leased vehicle. You drove it and used it for a while. Time for an upgrade.

 

 

That's a great way to look at it.......

 

The kid fucked himself............... So beat the guys ass or move on.

[Draker]

All of the above. Sorry man!

[pharouh]

Yeah,this doesn't sound good for you. Always get a title,and put it in your name ASAP.

With this guys driving record,he won't have it too long. He'll probably wreck it too.

If his dad kicked him out,it's hard to say where he'll turn up.

good luck with this.

[Alex Datsun]

This sounded fishy from the get go, hope shit gets straightened out.

[wayno]

Sorry to hear your story, but there isn't no $600.00 720 worth having/getting a criminal record over, if someone else don't force him to do what's right like his family members, then take this as a lesson learned and move on, never put a dime into a truck that is not in your name, or you know that it can be in your name without anymore help from other people, as I have bought a NL320 without a title, but the guy I bought it from had a lot of paperwork, I took it all the the DMV, and they told me I had enough to get a title with a bill of sale from the guy that gave me the paperwork, so I got a bill of sale, and paid the guy, and had a title in 3 weeks.

Keep in mind that I went to the official DMV, not one of those subcontractor places.

The only thing I would do is everytime I seen the guy, I would refer to him as "the shithead", and then have a big laugh. :lol:

Be carefull though, guys like that can lose it without warning, but it's better that you be pointing at him saying "he did it", than that guy pointing at you saying...................

[datzenmike]

He checks with Tucker to make sure it's okay, and Tucker gives a verbal okay over the phone. Phone records show this.

 

Unless you recorded the conversation the phone records will show that a phone called his phone for X amount of minutes.

 

Tommy is a moron for allowing that piece of shit Tucker to fuck two of his cars over and you are ignorant for knowing both of them. The good news is that ignorance can be cured. Move on, stop knowing them and you'll get better. If this sounds harsh, it is. Life if full of this sort of thing and the sooner you know the rules the sooner you will enjoy playing the game.

[poopypants720]

Duuuuuude... Sux...

 

Personally... I'd invest in plastic gloves and a disposable metal pole and meet him in a dark parking lot getting into YOUR truck... He'd never know what hit him...then hit him again.... and again.....

[bananahamuck]

Duuuuuude... Sux...

 

Personally... I'd invest in plastic gloves and a disposable metal pole and meet him in a dark parking lot getting into YOUR truck... He'd never know what hit him...then hit him again.... and again.....

 

 

http://www.youtube.com/watch?v=83dHET-3gZM

 

 

 

but seriously ,,,, let it go it was partly your fault anyways..

[Silky_Johnson]

Unless you recorded the conversation the phone records will show that a phone called his phone for X amount of minutes.

 

Yeah... recording phone calls can also potentially get you into trouble. I think that at least one person has to know the conversation is being recorded for it to be legal in Oregon. If evidence was illegally obtained, you may not be able to use it. You'll have to check your local laws/rules. This is way too complicated for a $600 truck.

[MicroMachinery]

In the past, when I got a car and it was in "title limbo", I didn't touch the car until I had the title in my hand.

 

I had my first 510 for 6 months before I even cleaned it out, based on the fact that if I did get it all nice, there's the chance that someone might see it and decide, "Hey, I don't know why I ever got rid of that car.. well.. actually.. I technically DIDN'T".

 

Ring ring ring.

 

"911, I'd like to report that my vehicle was stolen, I saw it at 'blah blah blah', and I'd like to have it returned".

 

Knock knock knock.

 

"Is this your vehicle, sir?"

 

End of story.

 

Very naive of you to not only drive, but document and broadcast that this truck is now a desirable piece of machinery. I hope the best, but according to the law, you're at the mercy of his conscience.. which apparently isn't saying much.

[banginboots]

toe the line on his ass... and then chalk it up to a hard lesson learned

[Smyrna720]

Got the truck back ;)

 

[dennis]

Well how did you get it back? Your first post was good and detailed. Then you post a crappy picture and just say you got it back. More info!!!!!

[screamer510]

Looks like the pic was after some shady shit.

 

Hopefully eveyrthing works out.

 

Learn lessons much?

[datzenmike]

I've seen better UFO pictures.