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My husband is in jail for 2 charges of first degree attempted murder and aggravated burglary. One of the attempts was on my life. We have a truck, that is titled in both of our names through the state of Kansas. One of his friends has possession of the truck, and has been given power of attorney over the truck without my consent or knowledge. This friend refuses to give me the location of the truck. Can a person get power of attorney over a vehicle when the other person is on the title and on the loan of property? How do I regain possession of the truck?
Optional Information: State/Country relating to question: Kansas Already Tried: I just learned this information over the weekend, so I have been unable to contact a lawyer. I have looked on line to gather as much information as I could on property power of attorney. Unable to figure it out on my own. I learned of this because this person who says he has power of attorney took the truck to my insurance company for a hail damage claim and they cut him a check on site, which he then gave the check to the credit union that the truck has a lien on. The credit union notified me.
Not really. His power of attorney doesn't override your wishes since you are equal in ownership with the person that gave the power of attorney.You can ask the police to help you but they may tell you it is a civil matter. If so, then you can file a lawsuit for a "turnover order" which is where the judge orders him to give the truck to you.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
The police did say that it was a civil matter. Partly, because the truck was lost during their chain of command. They do not want to get involved. While I was at the police station being interviewed they gave the truck to a neighbor, and then called my ex's friend to pick up the truck. The police protocol, should have been to run the tag, and see that my name was also on the registration, and left it on my property, where the crime was committed. I am trying to figure out if there is something that I can file with the courts, to legally gain power of attorney since I am not incapacitated, and still responsible for the loan.
A court can't give "power of attorney". However the court could issue an order requiring him to bring the check to you as well as turn the truck over to you and for him not to touch it again.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.