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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 23943
Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My ex fiancé took my vehicle which is registered in my

Customer Question

My ex fiancé took my vehicle which is registered in my name and the loan is in my name. There is No co-signing. The child custody case temporary order gives her temporary use of the vehicle. The judge referred us to having to go to another court as he will not rule on property in a child custody case when we were not married. Do I need to file another lawsuit for the car? Do I get a repo company to pick up the car for me?
Submitted: 5 months ago.
Category: Family Law
Customer: replied 5 months ago.
Do I need to file a motion to modify the temporary order with the judge to have it removed? Then file another lawsuit for the car or can I then pickup the car with a Sherriff present?
Expert:  FamilyAnswer replied 5 months ago.

Good morning. Do you know why the Judge allowed your Ex to use your car? It is very odd that your Ex does not have their own mode of transportation

Customer: replied 5 months ago.
She claims that it is her car
Customer: replied 5 months ago.
That she has money in the car
Customer: replied 5 months ago.
I allowed her use of my vehicle so that she could save money
Customer: replied 5 months ago.
Can a modification be filed unilaterally by the court and signed by the judge to have that removed and therefore allowing me to pickup the car?
Customer: replied 5 months ago.
He stated in court that he probably would not rule on property and that it may have to be decided in small claims or another court. She has had the use of the vehicle for 3 months now and I want the vehicle back
Expert:  FamilyAnswer replied 5 months ago.

Thank you. Allow me a moment

Customer: replied 5 months ago.
The vehicle is worth more than the $15k limit of small claims court
Expert:  FamilyAnswer replied 5 months ago.

Yes, what the Judge told you is correct. Since this is not a divorce proceeding and only has to due with custody of a child from unwed parents, then the Judge can not rule on the issue with possession of the car. Now, if the car is in your name and she took the car outside of what was ordered by the Judge, then you can try and call the police and get them involved or report it stolen. It does not make sense that the Judge would order that an ex be allowed to use your car for child custody, as they should have their own mode of transportation, especially when it is your car and in your name. In this case, you can try and file a motion to modify the issue with the car, under the custody agreement and ask the Judge to order a place to exchange the child. If you have a key to the car and you know where it is, you can peacefully take your car, since she has no right to it. However, you need to make sure you are not violating the order, since you said she has had it for 3 months.

Customer: replied 5 months ago.
her attorney included the language in the temporary order that the expressed ownership of the car was to be resolved at a later date. However the judge already made his statement and therefore need to have it removed from the order, so that I can pick up the car. What is the best way of doing so? Filing a modification? Can the modification be issued unilaterally with the judge?
Expert:  FamilyAnswer replied 5 months ago.

Yes, you would need to modify the order then, asking the Judge who ordered the temporary possession, to remove it. Once the motion is filed, it would need to be set for hearing and the other party would be allowed to appear and be heard. Seeing how it has been 3 months, you own the car and he has no legal right or interest to it, it would be hard for me to see why the Judge would allow this to remain in effect and not require he get his own vehicle.

Customer: replied 5 months ago.
Oh so just the removal of it from the temporary order would not allow me immediately to go pickup the car? I would have to wait until a hearing to be able to pickup the vehicle?
Expert:  FamilyAnswer replied 5 months ago.

It all depends on what the order says in regard to him using it. You shared he has had it for 3 months, so I am curious to know what the order said? I ask because for him to have the car for 3 months already, would indicate that the Judge allowed him to have temporary possession of it

Customer: replied 5 months ago.
the signed temporary gives her temporary use of the vehicle yet the judge stated he would not rule on property in a custody case
Expert:  FamilyAnswer replied 5 months ago.

Thank you. Then yes, you need to file the motion and could not just take it back, since he has a court order at this time allowing use and possession of it.

Customer: replied 5 months ago.
Ok so once I file the motion and the judge removes it can I then pickup the car or do we have to have a hearing first?
Expert:  FamilyAnswer replied 5 months ago.

Once the Judge says that he can not longer have the car, he would have to return it and/or allow you to retrieve it.

Customer: replied 5 months ago.
it's that simple have the judge sign a modification and then go pick up the car?
Expert:  FamilyAnswer replied 5 months ago.

Yes, assuming the Judge will agree and allow it.

Expert:  FamilyAnswer replied 5 months ago.

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Customer: replied 5 months ago.
Since the judge mentioned it in court, what other choice does he have if he won't rule on it?
Expert:  FamilyAnswer replied 5 months ago.
The judge has to rule on the issue regarding temporary use. The judge imposed the order so needs to decide if he shall remain in effect or be terminated/modified