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Technically where I live:

  • If any money was received this is a civil matter and it will require lawsuit and repossession of the car
  • If no money was received at all you could file for fraud, but the police will probably refuse and tell you it is a civil matter.
  • If the renter sells the car and does not own it that is fraud and theft, even if you have no paper work to prove why the defaulter had the car.

Added: Short answer: Going only on the facts stated in the question, NO. This is a civil case involving contract law, not a criminal matter.

UNLESS you can prove that the rental was done with the intent to permanently deprive you of it (e.g.: the renter sells the car to someone else), but you would have to know that before the police would take a stolen auto report.

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Q: Can you open a theft case when someone rents your car but doesn't pay you the monthly installment?
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