How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask CalAttorney2 Your Own Question

CalAttorney2
CalAttorney2,
Category: Criminal Law
Satisfied Customers: 2959
Type Your Criminal Law Question Here...
CalAttorney2 is online now
A new question is answered every 9 seconds

RA-100

Customer Question

Dear Sirs:
I am not sure what lawer category this would fall into. A document outlining conditions of a loan made by me to an individual has a non-payment condition where failure to repay the loan by a certain date shall result in transfer of ownership, complete and clear, of his automobile. The make, model, and VIN are included in this notarized document. Both of us live in the state of Wisconsin.
Before any of this could take place, the individual was pulled over for a traffic violation in Minnesota and actually ran from the police. Ramsey County, MN took possession of his car and has a warrant for his arrest. He is currently serving time on other charges in St. Croix County, WI and will be transferred to Minnesota next.
Since this happening, the individual is now being sued by Ramsey County, MN with papers stating that forfeiture of the defendent's property (the car) to the Ramsey County Sheriff's Department. I have a copy of this documentation received by a Ramsey County Attorney.
Since my documentation is well before Ramsey County's attempt to take ownership of the vehicle, do I have any rights here? I am anticipating trouble on this and perhaps they will say that I owe them various fees, including impound fees, etc. I was going to write a letter, including a copy of the loan agreement, but thought some legal advice was in order first.
Thank you in advance.
David L.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CalAttorney2 replied 1 year ago.

William B. Esq. :

Dear Customer, I am sorry to learn of this difficulty with your loan collateral. Your property interest will remain intact, however, you are correct, you will probably be required to pay for impound fees or other fees associated with storing the vehicle by the police department (unless the borrower has some form of payment available to make these payments in addition to his other restitution).

William B. Esq. :

Your lien on the vehicle's title is proper, however, until the date for the turnover of the vehicle, the borrower still has an interest in the vehicle. It is unlikely that a authorities will be interested in a temporary ownership interest of a vehicle they will have to store. Often in situations such as this, the borrower will sign a declaration of default or a document to that effect which will allow title to pass immediately upon signing (since he has no interest in the vehicle), and you will be allowed to negotiate for the return of the vehicle with the police department (again, noting the borrower's limited interest in the vehicle).

William B. Esq. :


Alternatively, if the seized property is a motor vehicle, the owner may regain possession of the vehicle pending determination of the forfeiture action by surrendering the vehicle’s certificate of title to the seizing agency. The agency must notify the Department of Public Safety and any secured party noted on the certificate that this has occurred and must notify them if and when the certificate of title is returned to the owner.Minn. Stat. § 609.531, subd. 5a.


William B. Esq. :

Dear Customer, The above is the statutory clause to recover the vehicle from storage during the pendency of the forefeiture action. While the issues related strictly to your title will apply in the event that the vehicle was taken simply for repayment of debts or obligations, I must apologize, it appears that the issues and the forfeiture statute controlling this matter really belong under our "Criminal Law" expert's heading as some properties taken during the course of criminal investigation or prosecution are subject to the penal code as opposed to the civil code. I am attaching what I believe from your question to be the relevant statute, but I am going to "opt out" and forward your question on to an expert that might be more able to assist you with this matter. https://www.revisor.mn.gov/statutes/?id=609.531


My apologies for the inconvenience, I had an initial misunderstanding of your question, I am certain the next expert will be able to properly address your matter fully.

Expert:  wendy-Mod replied 1 year ago.
Hi, I am a moderator for this topic. It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Wendy
Customer: replied 1 year ago.


Hi Wendy:


Go ahead and cancel out this request.


Thank you,


David

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.