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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7629
Experience:  Experienced Family Law Attorney
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MY XWIFE CAN AND TOOK MY TRUCK

Customer Question

MY XWIFE CAN AND TOOK MY TRUCK
Submitted: 2 months ago.
Category: Family Law
Expert:  LegalGems replied 2 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 2 months ago.

I am very sorry to hear this;

there are 2 options:

1. to sue in court for civil relief- ie for an injunction ordering the return of the truck, or the fair market value cash payment

2. to file a police report alleging theft.

that statute is here:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=484-502.9

Please note that the position of one as a former spouse does not lessen the severity of this crime.

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 2 months ago.
How can I get it back
Expert:  LegalGems replied 2 months ago.

By filing a motion in court - requesting an injunction ordering the party to return it. If they fail to comply with the court order the court can hold them in contempt-which may include daily fines, the award of legal fees, even jail time.

Or reporting it to the police and they may recover the vehicle during their investigation.

Customer: replied 2 months ago.
LET ME REFRASE THIS WE GOT DEVOICE SHE PUT DOWN HER THINGS NOT MINE I HAD NOTHING TO CONTEST SHE HAD HER AND I HAD MINE THINE BUT THE TRUCK IS BUT BOTH OF OUR NAME IS***** .AND THE TRUCK IS MY ONLY NEANS OF TRANPORTATION CAN I GET IT BACK
Expert:  LegalGems replied 2 months ago.

If the divorce did not address the truck then unfortunately the divorce needs to be reopened so that the court can determine who should be entitled to it; I am sorry there is no other option unless the parties agree which is not common in a divorce.

Expert:  LegalGems replied 1 month ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!

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