Got a question

[Rule .308]

In a debate with one of the guys I work with. He has leased a new vehicle and has in turn loaned it to his girlfriend under the condition that she pays him "X" amount of money per month to cover the lease. Vehicle is registered in his name, fully insured by him with her listed as a driver on the policy.

His position is that in the event that she quits making her payments to him and does not return the vehicle that he can simply report it as stolen and when she is pulled over in it she will be going to jail for GTA.

I could be all wet on this but that does not sound right to me. People default on loans all of the time and while the repo man comes after them, you don't see them getting pulled over for grand theft.

What do you guys think?

[Samuelx]

I think he should leave us (LE) out of any relationship problems he may be having.

Definitely Not a simple GTA. Borderline civil matter/possible embezzlement.

[mej16489]

It would be a civil issue not a criminal issue. Best case for him if he reports it stolen, he gets the car back if/when she's pulled over. Worst case he gets filed on for falsely reporting the theft.

Worst case for the girlfriend - arrest followed by an unarrest or no charges filed.

[MrSlippyFist]

If they've been dating/living together/whatever for a certain period (4 years? 10 years?) aren't they considered spouses in the letter of the law? If that's the case I think he'll be paying either way.

[biochembruin]

If she's arrested, once the matter is sorted out (and it will be), he will likely be facing charges himself.

[Ron-Solo]

It is not stolen. It is a civil dispute.

[tom2]

x2!

It is not stolen. It is a civil dispute.

[TRICKSTER]

Sounds like he has a good plan if he wants to get himself in trouble with the law and end up with his girlfriend getting a good chunk of whatever he owns.
Play stupid games, get stupid prizes.

[yzErnie]

He signs the GTA report "Under the penalty of Perjury". Filing a false GTA report is a felony.

[SVT-40]

Is it a theft when a person stops paying their car payment? Of course not.

Pure civil nothing else.

[Rule .308]

Thank you for confirming my suspiscions gentlemen.

[biochembruin]

My department will take a report for "embezzled vehicle," provided the person making the report has followed the law and issued certified demand letters, etc. Car rental businesses do this quite often.

[fourXfour]

Only rental car companies can get by doing the letter. He would just have to do a regular embezzlement report, which may not amount to much


10855. Whenever any person who has leased or rented a vehicle
wilfully and intentionally fails to return the vehicle to its owner
within five days after the lease or rental agreement has expired,
that person shall be presumed to have embezzled the vehicle.

[solanoshooter]

Calls like this are pretty common. While it is a civil matter maybe embezzlement, when I worked patrol I could usually resolve the matter in 5 minutes by calling the subject with the car, explaining that the owner wants to report it stolen, and telling them it's not worth going to jail for. If the driver isn't a criminal 99.9% of the time the car comes back pretty quickly.