I LET A GUY BORROW MY CAR AND HE WON'T RETURN IT.

The Cop Told Me It's a Civil Matter. How Can That Be?

Dear Ask A Cop,

We had a birthday party for my niece, and my brother brought along a friend of his whom he has known forever. He has always been polite and respectful, and we’ve never had an issue with him.

After the birthday party wound down, he asked if he could borrow my car to go to the store and grab some food and drop it off at his house, and then he would be right back. That was three days ago, and he still hasn’t returned it!

My brother called him and told him to return the car, but he still did not bring it back. So, I called the police, and they sent an officer to my house. After I told him the whole story, all he said was, “It’s a civil matter because you loaned him the car. You can’t report it stolen.”

I tried to get him to change his mind and even asked to speak to his supervisor. He told me he would have him call me, and, of course, that didn’t happen. I am at my wit’s end with this. I need my car to get to work, and nobody will help me. Is there anything I can do?

K. D. in Texas

Dear K.D.,

Ahhh, the old “civil matter” line rears its ugly head once again! It’s also called its more popular name; “Lazy ass cop’s excuse to get out of doing his job.”

Now, to be fair, it is possible……slightly possible that the officer simply did not know any better. However, it’s his job to know the law and apply the law to the correct situation, which he obviously failed at here. There is also one other possible reason he said what he said, and that is if his District Attorney will not take a stolen vehicle case unless it’s been gone a certain amount of time. I would hope in this day and age that every DA has enough sense to apply the law in the proper manner and prosecute the cases, but we all know that is not the case.

Okay, bottom line… Your car has been stolen…PERIOD. You loaned the car to the guy to help him out. The agreement was for him to use the vehicle for a short period of time, and you:

• Never led him to believe that you were giving him your car out of the goodness of your heart.

• Never told him he won the car like he was on The Price is Right or something.

• Took measures to try and get the car back.

• Are not married to the prick.

The Texas Penal Code, Chapter 31- Section 31.03- Theft says:

Sec. 31.03.  THEFT.  (a)  A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.(b)  Appropriation of property is unlawful if:(1)  it is without the owner's effective consent;

So, Question 1- Did you give him consent to keep your car from you for more than the time it takes to go to the store, his house, and back?

NO!

Question 2- Is he depriving you of your property?

YES!

Legal Conclusion= Your ride has been jacked!

Go to the police department and tell them you want to report your car as stolen and that you want the car entered on TCIC as stolen. If they refuse, then you start demanding to speak with a superior officer all the way up to the Chief if you have to.

AAC