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The Mystic Wave
The Mystic Wave, Paralegal
Category: Legal
Satisfied Customers: 427
Experience:  30 yrs. exp. in the legal profession. Specializing in Personal Injury, Criminal, Civil & more.
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Larceny after trust

Customer Question

I entrusted my sister in Florida with my car by signing over my title until I could get all my domestic problemsover with and in the trunk of my car it was full of antiques. Now she won't give me my car back and she is selling my antiques in an antique mall in Ft Pierce, Fla which is where she lives. What can I do? Might I add that I live on a fized income which is not much and have a grnadson 4years old with sturge weber syndrome and an 85 year old daddy that I have to take care of or I would have already been to Florida to take care of this myself. I am not asking for charity, Just some one tell me a lawyer who is commly referred to as "the Bull" and I'll do the rest. I am not in the mood for playing games at this point. I am very serious.
Submitted: 12 years ago.
Category: Legal
Expert:  Steve -- a.k.a. Oreport replied 12 years ago.
 

I am not sure that even an attorney known as 'the Bull' can do very much to make your situation better.  This is why...



You signed the car's title over to your sister -- so, unless you have a
document stating that this was a temporary arrangement and/or some
witnesses -- I can't see where you have much hope of getting the car
back from your sister.



Similarly, regarding the antiques, do you have any witnesses or
anything in writing which indicates that your sister agreed to return
them to your possession at some future point?  If not, you face an
up-hill battle at best.



You mention that this arrangement with your sister was in response to
some sort of domestic dispute (I assume with a spouse).  It sounds
like your purpose in doing this may have been to hide assets until
after a divorce proceeding was concluded.



While I can sympathize with your situation -- my gut tells me that what
you did is probably illegal.  If that is the case -- trying to
remedy the situation with your sister -- besides being more than likely
unsuccessful -- may actually serve to get you in legal trouble over the
property transfer.



I am not an attorney -- the general advice I have given you is based on
life-experience and on my experience as a counselor.  I strongly
advise you to consult a Florida attorney -- to verify the accuracy and
completeness of the advice I have given you here.



Many attorneys will consult over the telephone and most attorneys do not charge for a first-consultation.



Good Luck!













Expert:  The Mystic Wave replied 12 years ago.

Greetings:


I am very sorry about your situation. My thoughts are with you.


Please review my profile for my qualifications in which to answer your question.


Please know that you can send your sister a letter, via certified mail, return receipt requested, advising her that the items that are in her possession are in fact yours and state that you have previously asked for them to be returned, yet she fails and refuses to return them (this should really be stated in the letter, as this will be helpful to you should you need to file action against her). Further state that this is now a legal matter - it's considered theft for the act of taking something from you and not returning it to you - and now selling stolen merchandise - this is a criminal matter. It is also most important that you are able to substantiate that these items are in fact yours. If you have receipts of purchase, photographs, anything that can prove that you are the true owner...then you do not have anything to worry about. Just give her 30 days in which to return all of the items to you...If she hasn't responded, then you can contact the police and advise them - they will have her arrested...of course, it is very sad should this happen, after all with her being family - however, only you can be the judge as to how far you wish to take this situation...


Or, another option you have is to take her to court...small claims or a higher court depending upon the value of your property. Also, if you have witnesses that were present at the time that you actually purchased the items, you can have them sign an affidavit, in front of a notary public. It would also be to your advantage to have the witnesses present at the the time of the hearing (this is of course, if you wish to pursue the matter, legally). Again, the decision is yours.


Below is the address for Attorney, Adam Bull...you can click on the link below to send him an email.











The Law Firm Of Adam Bull

64 Broadway Suite 100
Asheville, NC  28801


My very best to you.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave



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