He Will Take Me to Court for My Vehicle

Status
Not open for further replies.
C

caranna

New member
We've been separated a year. He's had my vehicle for that long and refuses to give it back. He has his own vehicle, I have mine. This car is 12 years old, worth less than $3,000.00, but it is in very good condition. (At least it was last time I drove it.) I've been paying insurance on it as per instructions of a former lawyer.

Both his lawyer and mine had a first time meeting last week. My lawyer was informed that he absolutely refuses to give up the vehicle. My to be ex threatens to take me to court in order to keep it (or give it away.) Meanwhile, for the whole time I've been wanting to give the vehicle to our son's wife, as our son is out of work and she needs another vehicle in order to get to and from work, to support 3 young boys, her husband and herself. Her vehicle is definitely not in good condition.

Since my new lawyer and I had a lot of other more pressing financial matters to speak about, (my to be ex is not being forthcoming in some large assets), this vehicle was only mentioned briefly.

After the phone conversation, I keep thinking "How can he get away with this...the vehicle is in my name...wouldn't he be laughed out of court?"
 
is the vehicle in your name?if so contact your local police to provide an escort when you collect your property.May need a buddy to jump or tow it if its been sitting that long.
 
Thanks murphyslaw. Yes, the vehicle is in my name. I had been thinking of going over to his apartment and checking to see if it's in the lot. I have a feeling he has decided to give it to someone else.
 
caranna said:
Thanks murphyslaw. Yes, the vehicle is in my name. I had been thinking of going over to his apartment and checking to see if it's in the lot. I have a feeling he has decided to give it to someone else.
Click to expand...

Do you have a spare key? This exact situation happened to my sister. I literally drove her over to her car (which was parked at her ex's new place) and she left with it. He then went to her house to demand the car back, she called the police and they informed him it was her car, they did give him time to take any personal items out of it.
 
caranna said:
Thanks murphyslaw. Yes, the vehicle is in my name. I had been thinking of going over to his apartment and checking to see if it's in the lot. I have a feeling he has decided to give it to someone else.
Click to expand...
hmm how in the hell does he plan to do that when you have to sign the ownership over unless the person is using it just for parts??? I hope you have a spare set of keys to the car and once you get it back a secure place to park it. I wouldnt trust him to give you the keys or not to have copies of the keys and try and take the car when you are not around. Hope it works out for you.
 
Unevenplayingground said:
Do you have a spare key? This exact situation happened to my sister. I literally drove her over to her car (which was parked at her ex's new place) and she left with it. He then went to her house to demand the car back, she called the police and they informed him it was her car, they did give him time to take any personal items out of it.
Click to expand...

This is what I'm concerned about...my to be ex has been physically violent with me, and he has been advised (no restraining order issued), to stay away from the house. If I did take the car, he just might come to the door and all hell would break loose. I live alone, in my late 60's and finally have peace after 42 years of living with an abusive and controlling sob.
 
caranna said:
This is what I'm concerned about...my to be ex has been physically violent with me, and he has been advised (no restraining order issued), to stay away from the house. If I did take the car, he just might come to the door and all hell would break loose. I live alone, in my late 60's and finally have peace after 42 years of living with an abusive and controlling sob.
Click to expand...
you said you were giving it to family so maybe as soon as you get it, give it to them??
 
standing on the sidelines said:
hmm how in the hell does he plan to do that when you have to sign the ownership over unless the person is using it just for parts??? I hope you have a spare set of keys to the car and once you get it back a secure place to park it. I wouldnt trust him to give you the keys or not to have copies of the keys and try and take the car when you are not around. Hope it works out for you.
Click to expand...

I do have spare keys. I really don't want to sign over the ownership, and if I indeed did not sign, he'd likely make it even more difficult for me re: revealing his assets for equalization.
 
caranna said:
I do have spare keys. I really don't want to sign over the ownership, and if I indeed did not sign, he'd likely make it even more difficult for me re: revealing his assets for equalization.
Click to expand...
okay you are confusing me, do you want the car or not?? It sounds like you are willing to sign the ownership over just so he doesnt hide assets. Hate to break it to you but if he is that type of person, he will do it car or no car.
 
standing on the sidelines said:
okay you are confusing me, do you want the car or not?? It sounds like you are willing to sign the ownership over just so he doesnt hide assets. Hate to break it to you but if he is that type of person, he will do it car or no car.
Click to expand...

That's true Standing. You're very discerning. I'll speak to my lawyer further about this. If I do decide to get the car, I'll make sure my daughter-in-law and son are with me.

As mentioned in my first post, I would like to know if he has a valid case regarding bringing this to court.
 
caranna said:
This is what I'm concerned about...my to be ex has been physically violent with me, and he has been advised (no restraining order issued), to stay away from the house. If I did take the car, he just might come to the door and all hell would break loose. I live alone, in my late 60's and finally have peace after 42 years of living with an abusive and controlling sob.
Click to expand...

My sister's ex was similar with her. What we ended up doing was storing the car in my garage. Do you have somebody that could help you out for a bit with this? Also, you should go down to the court house and get a peace bond on him. I realize a peace bond isn't going to stop him, and if he shows up at your door, please call 911 if you are in fear of him doing something to you.

In saying that, have you tried telling him why you want the car, that it isn't for you but to help your son?

If he still isn't willing to comply, and you do fear him, maybe it isn't worth it. You finally have peace, which everybody should have at all times. Do you really want the headache? I know it is principle, but is it worth it?
 
I'm really not afraid of him any more.

I'm thinking of suggesting to my DIL that if she wants to do this, go to his apartment parking lot, check to see if the car is still there. If it is, go get it. I don't really want to go there.

Although it is not their car yet, would it be legal for them to take it away with my permission?
 
caranna said:
I'm really not afraid of him any more.

I'm thinking of suggesting to my DIL that if she wants to do this, go to his apartment parking lot, check to see if the car is still there. If it is, go get it. I don't really want to go there.

Although it is not their car yet, would it be legal for them to take it away with my permission?
Click to expand...
I think it would be okay as you are the owner and you are giving your permission. Just remember once you get it that anything in it that belongs to him goes back to him. I would call the police and see if they are willing to go as an escort. That way they know the whole story. I can see your ex calling the police to report the car stolen.
 
standing on the sidelines said:
I think it would be okay as you are the owner and you are giving your permission. Just remember once you get it that anything in it that belongs to him goes back to him. I would call the police and see if they are willing to go as an escort. That way they know the whole story. I can see your ex calling the police to report the car stolen.
Click to expand...

Thanks Standing. Yes I do want the police to escort them. You are so right...he would call the police and make a big fuss.

First his face get red, then blue, then purple when he gets mad. Then his voice gets higher,,higher,,,higher..quite a scene.
 
caranna said:
Thanks Standing. Yes I do want the police to escort them. You are so right...he would call the police and make a big fuss.

First his face get red, then blue, then purple when he gets mad. Then his voice gets higher,,higher,,,higher..quite a scene.
Click to expand...

Hey maybe he is related to my father! Does he spit when he gets mad too?

Sorry that you have had to deal with that for so long.

I'm glad that you are involving the police, it will make the whole situation a lot smoother for all.

Good luck!
 
Unevenplayingground, that's funny! He didn't spit as far as I know...I tried to keep far away when he went ballistic. His eyes did bulge out though when he got angry.

As far as claiming my car...for now I think I'll wait and speak to my lawyer. I'm in no hurry to surrender my ownership though.

I'm also not so sure the police will want to get involved because a few days after leaving, I had them escort me into the house to get very revealing documents. The police were very accommodating until the to be ex started fussing and fuming. He wanted his papers back. Of course he agitated the police and they said the'd never come here again (for domestic matters I suppose). I was very calm and polite and left with everything I had gathered.
 
Last edited:
You are not going to be entering his property,only picking up your property.They usually would rather accompany you there and not have a fuss, then get called out to a domestic when he sees you without them.He has no claim on the vehicle and is only gaining more of a claim by you not getting off your but and getting the car back.He may try to claim you abandoned the vehicle if you dont move sooner rather than later.
 
few words for you : t o w t r u c k

You can inform the police of the situation and let them know a tow truck is going to retrieve it for you as you do not want to walk into a potentially violent situation. They may offer to accompany the tow truck.
 
It certainly defies ANY logic. The idea that HE would (successfully) take YOU to Court, for a car HE has, that's registered to YOU, that you pay monthly insurance premiums for.
 
Status
Not open for further replies.
Back
Top